Court delays extend trial for Neurosurgery prof into Dec.

The trial for the Penn Neurosurgery professor accused of rape was once again postponed yesterday, another in a long string of delays that will prolong the case for nearly two years.

The trial, which was originally scheduled to begin in March, is now officially set for Dec. 1. Tracy McIntosh has been charged with false imprisonment, indecent assault and rape. Neither the defendant nor his lawyer appeared in court today because of the delay.

The delays in McIntosh's case have been requested by both the prosecution and the defendants, but today both sides were ready for trial. The continuance was due to an older court matter that came before a jury in front of Judge Rayford Means, who is presiding over the case.

The McIntosh trial was postponed "because they had a defendant in custody on an older matter," Assistant District Attorney Gina Smith said. "We were ready to go."

In November 2002, University officials began to investigate a claim that McIntosh raped a 23-year-old acquaintance in his office in Hayden Hall while under the influence of marijuana.

The victim alleged that the rape took place on Sept. 6, 2002, after the two had gone out to area bars for drinks. Philadelphia prosecutors levied charges against McIntosh in April, at which point he voluntarily turned himself in to the police.

McIntosh was placed on administrative leave from the University in April 2003, which has continued pending the outcome of the case. The oversight of the Neurosurgery professor's grant work has been relegated to other professors in the department.

In the summer of 2003, McIntosh's attorney, Tom Bergstrom, told The Daily Pennsylvanian that his client would try to work out a plea bargain, but only if city prosecutors agreed to drop the rape charges against him. The charges remained, and the attempts to reach a plea ended later that summer.

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