Penn prof McIntosh goes to trial for 2003 rape charge

In the ongoing case against Tracy McIntosh, the Penn neurosurgery professor accused of raping a 23-year-old female acquaintance, Judge Rayford Means ruled last week against the defense's move to suppress the Commonwealth's newly introduced evidence.

In March of this year, the District Attorney's office received a warrant to search McIntosh's office and laboratory. McIntosh's attorney, Tom Bergstrom, moved to suppress the evidence collected, which included photographs, couch slipcovers, a rug and McIntosh's computer.

"The information was stale," Bergstrom said. At the April 29 hearing, he also argued that allowing the evidence at trial was a violation of several of McIntosh's rights.

Judge Rayford Means denied the motion on May 20.

In Nov. 2002, the University began to investigate allegations that McIntosh raped a woman in his Hayden Hall office while under the influence of marijuana that McIntosh provided. The victim alleged that the rape took place on Sept. 6 after the two had been drinking at area bars. McIntosh eventually turned himself into police in April 2003 and was released on $2000 bail.

The case, in the Court of Common Pleas of Philadelphia, has been slowly moving forward since his July 2003 arraignment, at which time he was charged with rape, indecent assault and false imprisonment. McIntosh remains on leave from the University as he awaits the outcome of his trial.

In addition to the physical evidence collected from his office, McIntosh must submit a blood sample for comparison with DNA samples on the evidence.

"I am gratified that the judge followed the law and allowed the evidence to come in," said Assistant District Attorney Gina Smith, who is arguing the case for the Commonwealth. "I believe that it will be helpful in proving the case."

Bergstrom said the evidence will have little impact on his client's case. "It doesn't matter," Bergstrom said.

Bergstrom said he is "just trying to get this thing to trial. It's just taking forever."

McIntosh's next court date is June 18, at which time he will submit his DNA sample.

The case has been marked by a series of delays, and though the trial was scheduled to begin April 13, Bergstrom and Smith predict it will not begin until some time in the fall.

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