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| Intersexual prison case begins in federal court |
| By Associated Press |
| Published: 01/26/2004 |
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A federal trial began last Tuesday in the case of an intersexual person who says she was unfairly kept in solitary confinement at the Wyoming Women's Center in Lusk. Miki Ann Dimarco, 44, of Douglas, was imprisoned for violating the terms of her parole on check-fraud charges. She says she spent all of her 14-month sentence four years ago in solitary confinement. At issue in the case before U.S. District Judge Clarence Brimmer is whether that was cruel and unusual or whether prison officials were right to separate Dimarco to protect her. Dimarco's attorney, Tom Sedar, said Dimarco, just before she was sent to Lusk, was kept with the female population of the Albany County jail without problems. But he said state prison officials seemed concerned from the start about what to do with her. He described how Dimarco was strip-searched when she was processed into the Wyoming Women's Center. "They say, 'Turn around, we want to see what's going on here.' Which is very, very embarrassing for her," he said. According to Sedar, Dimarco was put in solitary confinement even though she was not considered a threat to others. Besides keeping her away from others, the solitary confinement meant Dimarco could be outside her cell just 5 1/2 hours a day and could not have a variety of personal items - even a watch or clock. Sedar said officers noted frequently that Dimarco seemed depressed. Dimarco sexually identifies herself as female. She has female hair patterns and breasts but underdeveloped male reproductive organs. She has no female reproductive organs, according to psychologist Martha Schilling, the first witness to take the stand. Dimarco is not considered a hermaphrodite, which is a person who has both male and female reproductive organs. |
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