McIntosh appealing sex-assault sentence

Tracy McIntosh, the former Penn neurosurgery 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.

Following a 2004 no-contest plea, McIntosh, 54, was originally sentenced to 11 « to 23 months of house arrest. He has already served that sentence, which was appealed by the prosecution.

Judge Pamela Pryor Dembe of Philadelphia Court of Common Pleas issued the new sentence on Feb. 13.

"We are going to challenge that the court should have reinstated the previous sentence," Trigiani said. "He already had a deal and he served his sentence."

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 forbidding McIntosh to withdraw his guilty plea, which McIntosh tried to do the day of the resentencing.

Dembe denied McIntosh's request to withdraw his no-contest plea and go to trial, saying he had had many chances to do so over the past several years.

According to Trigiani, it could take up to a year for proceedings regarding the appeal to take place.

Hugh Burns, Philadelphia deputy district attorney, could not be reached for comment over the weekend.

The appeal extends legal proceedings in a case that has already been in the public spotlight for more than five years.

McIntosh's original sentence was vacated by the Pennsylvania Superior Court in November 2006. McIntosh appealed to the state Supreme Court, but that court agreed with the Superior Court and ordered McIntosh to be resentenced.

During the months prior to the resentencing, Trigiani asserted that the original sentence had been the result of a backroom deal between the former defense attorneys, prosecutors and judge.

The deal - purportedly made as jury selection was about to begin for a December 2004 trial - stated that McIntosh would not receive prison time in exchange for his no-contest plea.

The District Attorney's office has denied that the deal exists.

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