Video related to this article is available below.Issue date: 2/18/08 Section: News
McIntosh appeal has chance of success | Interactive Feature
Meredith Aska McBride
Former Penn Neurosurgery professor Tracy McIntosh plans to appeal his sentence for the sexual assault of his college roommate's niece, a move some legal experts say could have a decent chance of success.
McIntosh was sentenced last Wednesday to 3 1/2 to seven years in prison for his September 2002 sexual assault of the then-23-year-old first-year Penn veterinary student. Any appeal would most likely be an attempt to withdraw McIntosh's December 2004 no-contest plea and go to trial, rather than to seek a new sentence.
In court the morning of his sentencing, Philadelphia Common Pleas Judge Pamela Pryor Dembe denied McIntosh's motion to withdraw his no-contest plea, saying he has had multiple chances to withdraw his plea over the past several months and chose not to do so.
However, McIntosh may have solid legal grounds to appeal Dembe's decision, said Drexel University law professor Daniel Filler.
The Pennsylvania Superior and Supreme Courts' decision to vacate McIntosh's original house-arrest sentence - technically leaving him without a sentence until last Wednesday - may bolster his argument.
"Pennsylvania is very lenient typically in allowing [the defendant] to withdraw the plea before sentencing," said Filler, so an appellate court may be sympathetic to his request.
The appeal will be complicated by the intrigue surrounding the McIntosh case, said Philadelphia criminal defense attorney Patrick Artur.
McIntosh was sentenced last Wednesday to 3 1/2 to seven years in prison for his September 2002 sexual assault of the then-23-year-old first-year Penn veterinary student. Any appeal would most likely be an attempt to withdraw McIntosh's December 2004 no-contest plea and go to trial, rather than to seek a new sentence.
In court the morning of his sentencing, Philadelphia Common Pleas Judge Pamela Pryor Dembe denied McIntosh's motion to withdraw his no-contest plea, saying he has had multiple chances to withdraw his plea over the past several months and chose not to do so.
However, McIntosh may have solid legal grounds to appeal Dembe's decision, said Drexel University law professor Daniel Filler.
The Pennsylvania Superior and Supreme Courts' decision to vacate McIntosh's original house-arrest sentence - technically leaving him without a sentence until last Wednesday - may bolster his argument.
"Pennsylvania is very lenient typically in allowing [the defendant] to withdraw the plea before sentencing," said Filler, so an appellate court may be sympathetic to his request.
The appeal will be complicated by the intrigue surrounding the McIntosh case, said Philadelphia criminal defense attorney Patrick Artur.
Viewing Comments 1 - 1 of 1
Alum (lawyer)
posted 2/18/08 @ 11:19 AM EST
I second the idea of a chilling effect on plea negotiations. If off the record discussions (which in make the legal world go round) cannot form the basis of withdrawal of a guilty plea if the sentence veers dramatically in a different direction, then there won't be any discussions at all. (Continued…)
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