The battle to increase the severity of the sentence on a former standout professor convicted of sexual assault is headed to appeals court after a Philadelphia judge affirmed his original decision.
Former Neurosurgery professor Tracy McIntosh was convicted on March 2 of sexual assault and possession of drugs and was sentenced to between 11 1/2 and 23 months of house arrest in his Media, Pa. residence.
Judge Rayford Means denied Philadelphia District Attorney Lynne Abraham's motion to reconsider the sentence he passed earlier this month. The judge did not provide an explanation for his decision.
Under this sentence, McIntosh, the former director of Penn's Head Injury Center, must also pay a fine of $20,000 in addition to another $20,000 toward psychological therapy for the victim -- the daughter of a close friend -- who he sexually assaulted.
McIntosh's invitation to discuss a part-time job offer with the victim turned into a night of bar-hopping that included the use of marijuana and, allegedly, the use of a lab substance as a date rape drug.
In a press release sent out yesterday morning, Abraham announced that she will appeal the latest decision in this case.
"Nobody is 'too important' for prison. This is a crime that clearly deserves prison time," Abraham said in the statement, referring to Means' comment about McIntosh's research at the sentencing hearing. "This defendant admitted sexually assaulting this woman, and we are asking the Superior Court to send the case back to Judge Means for a sentence that fits the crime."
McIntosh's lawyer, Tom Bergstrom, was satisfied with the judge's original, and subsequent ruling.
"Judge Means has denied the motion," Bergstrom said. "I think that was the right thing to do, given all the circumstances of the case."
Paul Robinson, a professor at Penn's Law School, said that while he believes the sentence of house arrest to be unusually lenient, the judge's refusal to reconsider his sentence was no surprise.
"I'm sure that the judge did not [order the sentence] lightly," Robinson said. "The DA had her say back at the sentencing. You wouldn't expect a judge to change a sentencing order without any new information."
Abraham originally asked Judge Means to reconsider his sentence on March 3.
According to the motion, "the nature and circumstances of the offense," "the character of the defendant," the victim's "rehabilitative needs" and the lack of sufficient punishment for McIntosh warranted a new sentence.
The motion emphasized the fact that McIntosh "abused and took advantage of his position of trust and power over the complainant who was vulnerable to that power and manipulation given her age and position with respect to him," and called McIntosh's behavior "callous."
DA officials were hoping for a sentence of 5 1/2 to 11 years of incarceration for McIntosh.
"She believes that the defendant belongs in prison," said Cathie Abookire, Abraham's spokeswoman.
Bergstrom said that it is uncommon for the DA to appeal the sentence in a case.
