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One Philadelphia judge thinks that Tracy McIntosh is not just too good for jail -- he's also too good for his incredibly light punishment. The former Penn Neurosurgery professor was convicted in 2004 of sexually assaulting a 23-year-old woman in his campus office.

To the surprise of just about everyone, McIntosh received a sentence of only 11-and-a-half to 23 months of house arrest. And that light sentence just became less than even a slap on the wrist.

Only six months into his sentence, McIntosh left for Milan, Italy earlier this week to take a research post -- with the approval of Judge Rayford Means.

Sure, McIntosh was a Fulbright scholar and a leader in the field of head trauma research. But that McIntosh used his position of power to assault his victim -- the niece of a friend, no less -- makes the crime all the worse.

No one, no matter his place in or contributions to society, should be treated differently before the law. McIntosh's European getaway is an embarrassment to Philadelphia's judicial system.

Judge Means is failing his city by giving the impression that some people are above the law.

Means has a chance to make things right when a hearing is held today on McIntosh's possible return. This newspaper can only hope that with his third chance for justice, Judge Means will finally get it right.

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