[Editor's note: the full text of the DOC decision follows]

BOSTON – Sen. Richard T. Moore, D-Uxbridge, applauded news that the Patrick Administration will appeal a landmark federal court ruling requiring the state to pay for a sex change operation for convicted murderer Michelle Kosilek, calling the decision “a victory for the taxpayers.”

Early in September, U.S. District Court Judge Mark Wolf ordered the state to pay for Kosilek’s sex change surgery. Judge Wolf also ruled that the state was responsible for Kosilek's legal fees incurred over the past twelve years in seeking the operation over the objections of Corrections officials.

Kosilek, who changed her name from Robert and is currently serving a life sentence without the possibility of parole for strangling and murdering her wife in 1990, successfully sued the state for a sex reassignment surgery in federal court. Wolf ruled that Kosilek was entitled to the taxpayer-funded surgery because it was the only appropriate form of care for a person like her with gender-identity disorder who has attempted to harm herself in the past. The surgery and legal bills could costs the state hundreds of thousands of dollars and would set a new precedent for inmate care.

Moore said that he believed the Department of Correction’s (DOC) decision to appeal Kosilek’s request and the federal court decision “basic common sense, and the right thing to do.”

Moore was among the fifty Massachusetts lawmakers who joined with Senate Minority Leader Bruce Tarr, R-Gloucester, urging DOC Commissioner Luis Spencer earlier this month urging his department to appeal the decision.              
“Requiring the state to fund a medical procedure that is unaffordable to many law-abiding private citizens and unavailable to those receiving medical coverage from the state to placate the demands of a convicted murderer undermines the public’s confidence in government and our institutions of corrections and justice,” Sen. Moore stated.

The DOC issued a statement this week stating that, “following a thorough review of the decision, we believe the court failed to give due deference to the fact that the Department has and continues to provide adequate medical treatment to address inmate Kosilek’s gender identity disorder. We also found the opinion improperly discredits the legitimate safety concerns trained correctional professionals testified will arise if sex reassignment surgery is performed.”

For more information on Sen. Moore’s work in the area of public safety, visit www.senatormoore.com, or follow him on Facebook at www.facebook.com/senatormoore.   

Full text: DEPARTMENT OF CORRECTIONS statement:

September 26, 2012--The Massachusetts Department of Correction will appeal the federal district court's ruling in the Kosilek vs. Spencer case. Following a thorough review of the decision, we believe the court failed to give due deference to the fact that the Department has and continues to provide adequate medical treatment to address inmate Kosilek's gender identity disorder. We also found the opinion improperly discredits the legitimate safety concerns trained correctional professionals testified will arise if sex reassignment surgery is performed. The Department's argument will not center on whether this surgery is a necessary and appropriate treatment for an individual with this particular disorder. Our responsibilities lie with providing certain levels of medical treatment and keeping the inmates in our care and the public at large safe. We believe appealing this decision will allow us to meet those critical responsibilities.

ON THE CAMPAIGN TRAIL:

The National Association of Social Workers Massachusetts Chapter – Political Action for Candidate Election (NASW MA PACE) has endorsed Don Bourque for State Representative for the 18^th Worcester district. NASW MA Chapter is the largest social work organization in the state with 8,400 social worker members.

NASW advocates for access to human services and social and economic justice and prioritizes ensuring all people have healthcare, basic education and the opportunity to earn a fair wage. NASW’s political action arm endorses candidates with a proven commitment to these values. Don’s support of equality, education, and job creation demonstrates his commitment to social work values and has earned him the endorsement of NASW MA PACE.

Kate Audette, co-chair of MA PACE, said “Don’s commitment to social and economic equality and accessibility will provide a solid foundation for creating effective policies that strengthen the work of social workers. We know as State Representative for the 18^th Worcester district, Don will bring the voices of social workers, families, and communities to the State House. NASW MA PACE is proud to endorse Don Bourque”.

 

ON THE CAMPAIGN TRAIL:

Charlton, MA. Charlton Selectman Kathleen Walker, initiated a discussion last spring that brought the Worcester County Selectman’s Association back to life Friday, September 14, as numerous area selectmen met at the Shrewsbury Town Hall to discuss how their combined efforts and resources could be applied to their shared problems.

Walker, with the assistance of the staff of the Massachusetts Municipal Association (MMA), worked to invite selectmen from the county’s 64 cities and towns to come together after a ten year hiatus. “We so badly need to work together to solve the problems our towns and cities face today,” Walker explained. “And, we need to work together as one voice in order to get real attention and resources from Beacon Hill applied to our growing needs.”

Senator Stephen Brewer (D-Barre) spoke to those assembled at the Town Hall and gave an update on the many issues facing the State Legislature in the coming year. Joseph Monteclavo, former Selectman from Northbridge, bought in the association’s old by-laws and a bank account containing $5 that was still in effect and waiting for new leadership to take over. Tom Philbin and Pat Mikes from the MMA educated everyone regarding the work of the MMA, MSA and LGAG and how they will provide support for the fledgling organization until it is able to move ahead on its own.

The attendance was encouraging and another breakfast meeting is planned for October 26th at 8 a.m. at the Shrewsbury Town Hall. The meeting will end at 9:30 sharp so that all can get back to their responsibilities.

###

Kathleen Walker is the Democratic candidate for state representative in the 6th Worcester District, which includes Dudley, Southbridge, and precincts in Charlton and Spencer. She has pledged to work hard to create the same type of collaborative environment in the District’s towns as she has initiated at this meeting.

For more information, please call the campaign at 774-452-0697.

 

Oxford's Gina Manzi and Ashley Martinelli with Bartlett's Karolina Dziemski

Text  and photos by Steev Riccardo

WEBSTER – The rivalry in Girls’ soccer between Bartlett and Oxford high schools has certainly risen to new heights these days. 

Last season when the two teams met, the Bartlett Indians won a hard fought 3-2 contest.  This past Wednesday (September 12) the Pirates got their revenge with a thrilling 4-2 victory.

Central Mass all-star Emily Dawidczyk netted two goals and added two assists, while sophomore Megan Howe scored two goals of her own in the win.

Dawidczyk, aka “The Sweet Assassin,” was able to figure in on all the scoring despite being played aggressively by Indian freshman Anne Marie Markewicz, who drew the challenging assignment.

“It’s very common, it happens every game, it’s frustrating to me, that is not playing soccer, but I’m used to it,” said Dawidczyk, who has nine goals in her first three games.

The Indians’ strategy to contain Dawidczyk was to have Markiewicz follow her everywhere and not leave her side. As daunting of an assignment as it was, the freshman did her job.

“She (Markiewicz) did a pretty good job staying with her and frustrating her, she (Dawidczyk) is obviously a great goal scorer so we wanted to put somebody on her that was defensive-minded and had some speed and she was able to do that,” said Bartlett coach Colleen Nasis. “We didn’t want to take Katie King or Dani Stone and put them on her; that would mean giving up our offensive threats.”

Oxford Dominique Lesieur heads up field.

The Pirates also received a great effort from sophomore goalie Bethanie Keefe, who made the play of the game stopping Dani Stone on a penalty kick that would have given Bartlett a 3-2 lead at the time.

“She has done wonderful for us the last three games, she has kept us in the games,” said Pirates coach Dung Hguyen. “Bethanie is a tough girl, she plays hard.  We didn’t plan on having her in goal because she is really good on the field, but we didn’t have a goalie.”

Dawidczyk was also impressed with Keefe’s performance. “She stepped up, she is a great team player, who does what is best for the team.”

Senior co-captain Dominique Lesieur, who came close to scoring a fifth Pirate goal when she blasted a shot that could have put a dent in the top of the goal post in the second half, and fellow co-captain Gina Manzi both played excellent two-way games for the winners

The Pirates are off to their best start at 2-1 in several years and it has everybody pretty pumped up.  “It’s been a few years since we have been 2-1 in the first three games, it feels good, it’s enough motivation to keep going and working hard,” said Dawidczyk.

“It’s amazing, we are off to a good start, the kids are playing hard with a lot of heart,” said Hyugen, “We came out and played a lot more physical in the second half, we wanted the game more.”

Despite the loss, the Indians also seem to be improving and saw eighth grader Alyssa Mancini put in a great effort in goal in her first- ever varsity game. “The youth worked in her favor and it’s better that she didn’t know who anyone was,” said Nasis, referring to Dawidczyk.

Jen Grooms and Dani Stone scored the Bartlett goals and both played well in defeat, along with Markewicz.

For more on girls high school soccer, check out View For The Sidelines every week in the Patriot and on Facebook at https://www.facebook.com/ViewFromTheSidelines or contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it with your feedback and comments.

Webster Democrat urges voters to approve question

ON THE CAMPAIGN TRAIL:

Webster, MA. Donald Bourque (D-Webster) candidate for the 18^th Worcester District state representative’s seat confirmed today that he supports the October 4^th ballot question for the renovation of the Bay Path Regional Vocational Technical High School.

“As a local businessman who places workers in jobs every day, I urge the voters of Webster and Oxford to vote “yes” on this question on October 4, “ Bourque said from his campaign headquarters today. “I wholeheartedly support this project because we can not expect our children to succeed in today’s incredibly competitive world without the best education we can possibly give them. In fact, there are thousands of jobs right here in Massachusetts that are going unfilled because we don’t have workers who are adequately trained to do them. “

“We also can’t afford to reject a 65% reimbursement from the state’s School Building Committee,“ he added. “Yes, times are tough but they aren’t going to get better if our kids aren’t able to get good paying jobs when they finish school. They will need those jobs to support their families and Bay Path is one of the best ways to help them achieve a bright future,” Bourque said.

Bourque won the Democratic Primary on September 6 and is looking forward to winning the November 6 general election. “Solutions to our problems with infrastructure and services will be found in our ability to approach them together to maximize our resources,” Bourque explained. “Our Bay Path Regional Vocational Technical School – shared by 10 towns – is a terrific example of what we can offer our citizens when we work together.”

 

Ballot Question Committee

REGION - Several residents from the Bay Path High School region have banded together to form a Ballot Question Committee entitled “Vote Yes for Bay Path.” The purpose of the committee is to advocate for the passage of the addition/renovation project currently proposed by the Southern Worcester County Regional Vocational School District.

The “Vote Yes for Bay Path” committee is chaired by Alfred Beland of Webster. The Vice-Chair of the committee is Thomas Mroczek of Webster and the Treasurer is Robert Wilby of Paxton.

The committee supports the $73.8 million project as the most reasonable approach to insuring that Bay Path will continue to function as a top-notch vocational high school for the coming 50 years. The project is 64% funded through a Massachusetts School Building Assistance grant. The remainder of the funds will be raised through 30 year bonds paid for by the ten member communities.

Failure to approve the project at the district-wide Special Election to be held from 12 Noon to 8pm on Thursday, October 4th in each of the district’s ten towns will result in the loss of more than $46 million. Contrary to statements made by opponents of the project, the school district will not be able to do repairs piecemeal over the next twenty years funded by the state.  The MSBA repair program does not operate in the manner described by the project’s critics and Bay Path would have to file a new Statement of Interest and wait for an invitation to apply for another comprehensive repair program.

There is no question that the project is needed and is the most cost effective answer to a long list of capital deficiencies and inadequate educational space. Failure at the ballot box does not mean that district taxes won’t go up. Rather, the required improvements at Bay Path will most likely be made without state financial assistance.

The “Vote Yes for Bay Path” committee is seeking donations to get the message out to voters that the Bay Path High School addition/renovation projects is the best way to insure that Southern Worcester County is home to a highly effective vocational education option for the next 50 year. To donate to the committee and support the effort to rehabilitate Bay Path please send checks made out to “Vote Yes for Bay Path” to Robert Wilby, 11 Tanglewood Road, Paxton, MA 01612.

Janet Stoica
Patriot Correspondent

Light voter turnouts for the tri-town local primaries produced the following results:

Oxford

DEMOCRAT BALLOT

U.S. Senator:  Elizabeth Warren – 168

U.S. Representative

James McGovern – 170

William Feegbeh – 19

 

State Senator

Richard Moore – 169

 

State Representative

Don Bourque - 82

 

Clerk of Courts

Dennis McManus – 163

 

Registrar of Deeds

Anthony Vigliotti – 168

 

REPUBLICAN BALLOT

U.S. Senator

Scott Brown – 182

 

Governor’s Council

Jennifer Caissie – 172

 

Representative in General Court

Paul Frost – 68

 

State Representative

Ryan Fattman – 102

______________________________________________________________

 

GREEN PARTY

No Candidates – Oxford, Dudley, Webster

___________________________________________________________________

 

Dudley

DEMOCRATIC BALLOT

U.S. Senator:  Elizabeth Warren – 269

U.S. Representative

Richard Neal – 257

Andrea Nuciforo, Jr. – 65

Bill Shein – 12

 

State Senator

Richard Moore – 279

 

State Representative

Kathleen Walker – 279

 

Clerk of Courts

Dennis McManus – 271

 

Registrar of Deeds

Anthony Vigliotti – 277

 

REPUBLICAN BALLOT

U.S. Senator

Scott Brown – 172

 

Governor’s Council

Jennifer Caissie – 137

 

State Representative

Peter Durant – 145

___________________________________________________________________

Webster

DEMOCRATIC BALLOT

U.S. Senator

Elizabeth Warren – 264

 

U.S. Representative

James McGovern – 265

William Feegbeh - 35

 

State Senator

Richard Moore – 286

 

State Representative

Donald Bourque – 263

 

Clerk of Courts

Dennis McManus – 249

 

Registrar of Deeds

Anthony Vigliotti – 257

 

REPUBLICAN BALLOT

U.S. Senator

Scott Brown – 179

 

Governor’s Council

Jennifer Caissie – 152

 

State Representative

Ryan Fattman – 170

 

 

 

 

 

 

 

 

 

 

 

Invites the community to come by on September 8

ON THE CAMPAIGN TRAIL

Boston, MA – State Representative Peter Durant (R-Spencer) would like to extend to you and your family an invitation to stop by 350 Main St. in Southbridge MA for a neighborhood block party on Saturday, September 8th from 11:00am until 3:00pm.

The block party will feature complimentary hot dogs, popcorn, refreshments, games, music, and coloring books for the kids and will be held outside of Representative Durant’s office on the corner of Main  St. and Hamilton St. in Southbridge.

“We’ve got a great spot here in Southbridge and I want to be a positive part of the neighborhood community.” Durant said. “Bring your family by, everyone is welcome; kids, grandkids, parents, grandparents, everyone is welcome.  We’ll even have treats for your dogs if you want to bring them by.”

Durant added that this is a great opportunity for businesses in the community to open up their doors and invite people in.

“I want to extend a special invitation to our neighboring businesses to do the same thing on Saturday; open up and invite people in and certainly come stop by our office to show off some of your food or wares here.”  Durant added. “Main Street in Southbridge is beautiful, it just needs a little bit of energy to liven it up and this may be a small step in providing that energy.”

For more information please contact Representative Durant’s Chief of Staff, Joseph McKenna at 617-722-2060 or 774-922-9309 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it

 

BOSTON – Count Sen. Richard T. Moore, D-Uxbridge, as vehemently opposed to using taxpayer’s funds to pay for sex reassignment surgery for a convicted murderer.  “I am both shocked and outraged that a federal judge would ask the people of Massachusetts to spend scarce tax dollars for such a frivolous request by a convicted killer,” Sen. Moore stated.

Today, Sen. Moore joined with other legislative colleagues to sign a letter urging the Department of Correction (DOC) to appeal the decision by United States District Court Chief Judge Mark L. Wolf to mandate the DOC to pay for such treatment.

Earlier this week Judge Wolf, in the case of Kosilek v. Spencer ordered the state to pay for sex change surgery for Michelle Kosilek  - formerly known as Robert, who is imprisoned for life for murdering his wife, Cheryl McCaul.  Kosilek has been petitioning the DOC for the surgery for several years.

Kosilek, 63, was convicted in 1992 of strangling his wife, Cheryl, and leaving her body at a North Attleboro mall. Prosecutors said at his trial — where he wore women’s clothing, long nails and long hair — that he killed her and splurged hundreds of dollars on women’s clothing and makeup to start a new life as a single woman.

The letter from the legislators calls on Corrections Commissioner Lewis Spencer to “vigorously pursue every available appellate option to reverse the Court’s mistake.”

The letter was drafted by Senate Republican Leader Bruce E. Tarr, R-Gloucester.  Reaching across the aisle to work with the leader of the Senate’s Republicans is not unusual for the veteran Uxbridge Democrat.  Earlier this year, Senators Tarr and Moore worked together to successfully push for stronger penalties for illegal aliens and others who drive without a license.

The letter being sent by legislators to the Commissioner of Corrections states:

“We write this letter in response to the recent decision from the United States District Court in the case of Kosilek v. Spencer.  We are greatly troubled by the Court’s finding that the Eighth Amendment requires the state and the Department of Correction to provide sex reassignment surgery to a convicted murderer.  We urge you and the department to vigorously pursue every available appellate option to reverse the Court’s mistake.

“Michelle Kosilek is imprisoned for life for murdering his wife, Cheryl McCaul.  The nature of his punishment—life imprisonment without the possibility of parole—sheds light on the heinousness of the crime.  The defendant strangled his wife with a wire and left her body in a car at a local shopping mall.

“Since his imprisonment for murder in the first degree Kosilek has argued and now successfully convinced a court that he is at high risk of serious harm if he does not receive sex reassignment surgery.  We find such a suggestion to be unjustifiable, against the better judgment of the citizens of this state, and offensive to the family of Cheryl McCaul.  We urge you to continue your appropriate stand against such a procedure until every option of appeal has been pursued.

“The Court’s decision, if left standing, will compel an absurd action by your department.  Clearly the Eighth Amendment provides important protections when a person enters our prison system, but it cannot be fairly said to require the state to accommodate every last need and want of convicted murderers.  A decision that suggests the failure to provide sex reassignment surgery to a first degree murderer equals an ‘unnecessary and wanton infliction of pain’ is a decision that must be overturned and therefore must be subjected to appellate review.  We ask that you seek that review,” the letter concluded.

For more information on Sen. Moore’s work in the Senate visit www.senatormoore.com, or follow the Senator on Facebook at www.facebook.com/senatormoore.

 

Bartlett's Akeem Belnavis in preseason action (photo by Patriot Staff)

Text and photos by Steev Riccardo

Are you ready for some high school football? Ready or not, here it comes!

Shepherd Hill vs. Westborough:
The Shepherd Hill Rams will get things started with a televised contest against Westborough High School Thursday, September 6.

Rams head coach Chris Lindstrom and company will kick things off at 7 p.m. in Dudley in a rematch of last season’s 30-28 Rams’ win in a game that can be seen live on Charter cable channel 3 as the featured game of the week.

In last season’s opener, the Rams’ Jessie DiTomasso had an 18-yard touchdown run and helped his team overcome a 20-8 halftime deficit at Westborough to come back and win.

Look for the Rams to use their run-oriented offense led by senior quarterback Drew Ravenelle and to control the ball and the tempo and pick up where they left off last season.

Shepherd Hill QB Drew Ravenelle

Bartlett Quarterback Ricky Spooner will be a key against Northbridge (photo by Patriot Staff)

Bartlett vs. Northbridge:
On Friday night I’ts Bartlett’s turn as the Indians travel to Northbridge to take on the defending super bowl champion Rams.  A year ago the Rams buried the Indians at the Memorial Athletic Field 35-6 in a lopsided affair. The Indians are looking to even the score.

“Northbridge is tough, they are going to be a good team, they are bringing back a lot of starters from last year’s super bowl team,” said Bartlett High School head football coach Dane Laboissonniere. “They are going to test us on the first night of the season.”

The Indians were still in the process of sorting things out prior to scrimmaging Worcester Vocational Tech last Friday and Laboissonniere wasn’t showing his cards quite yet.

“We still have some position battles going on. We won’t really know until we get to Friday night what we are going to see out there. We will probably use a good mix of young kids. We have a lot of kids figuring into the rotation.”

There may be some surprises with the Indians but what is pretty certain is that the offense will be run by junior quarterback Ricky Spooner, who will be relying heavily on senior co-captain Akeem Belnavis.  You can also expect to see senior Billy Phillips get some handoffs from Spooner.

Bartlett's Kelly Chisholm (#30) is a key in the Bartlett secondary

Defensively the team will be led by an outstanding secondary, which features Belnavis (6 interceptions last year), Phillips, and co-captain Kelly Chisholm. The linebacker’s core will be led by senior co-captain Mina Zaky and sophomore Neil Flanagan, who has been looking spectacular at practice.

Oxford vs. Bay Path:  

The Oxford Pirates travel to Bay Path on Saturday afternoon for a  rematch of last year’s 26-13 opening day loss to the Minutemen.

Oxford's Liam Pickett switching positions this year

Senior Liam Pickett, who has been seeing a lot of time at quarterback so far this season, had a 20-yard TD reception in last year’s battle with the Minutemen and hopes to play an even bigger role in this year’s contest.

Pirates first year head coach Mike Adams is optimistic about his team heading into the season. “So far we are doing great and starting to clean up the mistakes both offensively and defensively. We are getting better every day and it shows in our practice tempo and in our scrimmages.”

Adams also said that he will be announcing his team captains early next week.

Oxford's Tyler Barrie does it all for the Pirates

One player who should be a big factor this season for the Pirates is Senior Tyler Barrie, who looked great this past Saturday in a scrimmage against Blackstone Valley Tech. Barrie will be playing a key role on both sides of the ball as well as handling the punting duties for the Pirates.

Read more about Oxford-Sutton Pirates and high school football in the View From The Sidelines column published every week in the Patriot and contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it with feedback and comments.