March 22 - 4:10 p.m.
Tracy McIntosh, the former Penn neurology professor who was resentenced last month for a 2002 sexual assault, is now challenging his new sentence.
Joel Trigiani, McIntosh's lawyer, had stated an intent to appeal the new sentence of 3 « to seven years in prison and he followed through with that appeal on March 20.
McIntosh had originally been sentenced to 11 « to 23 months of house arrest, which he has already served, but that sentence was appealed by the prosecution and a new sentence was decided upon in the Feb. 13 hearing.
"We are going to challenging that the court should have reinstated the previous sentence. He already had a deal and he served his sentence," Trigiani said. Trigiani also stated his intent to challenge the court's February decision itself.
"We think it's absurd," he said.
Trigiani also said he was appealing the judge's decision to not allow McIntosh to withdraw his no-contest plea, which he tried to do the day of the resentencing. McIntosh pleaded guilty in 2004.
According to Trigiani, it could take up to a year for proceedings to take place.
Hugh Burns, a lawyer for the Philadelphia District Attorney's office, could not be reached for comment this afternoon.
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