The scheduled resentencing tomorrow of a former University of Pennsylvania professor who sexually assaulted a graduate student has been continued until next month.
Tracy McIntosh, 54, of Media, an internationally respected expert in treating brain injuries, in 2004 entered a no-contest plea to the assault. Common Pleas Court Judge Rayford A. Means sentenced him to 11 1/2 to 23 months of house arrest.
The office of District Attorney Lynne M. Abraham appealed the sentence to state Superior Court, which vacated the term in April, finding it too lenient, and ordered McIntosh resentenced. Means disqualified himself from the case Sept. 7, and was replaced by Judge Pamela Pryor Dembe.
McIntosh's lawyer, Joel P. Trigiani, requested the continuance of tomorrow's hearing. He could not be reached for comment. The sentencing has been rescheduled for 9 a.m. Jan. 29 in Room 905 of the Criminal Justice Center.
The DA's office has indicated it would seek a sentence of 5 1/2 to 11 years in the case, whose original sentence triggered public outcry.
The assault occurred Sept. 6, 2002, after McIntosh's friend and former college roommate asked him to show his niece around Penn before she began classes. The tour led to a night of heavy drinking, during which the young woman became ill.
McIntosh admitted that he took her back to his campus office, where they smoked marijuana. He said he had sex with her while she was barely conscious. He was charged with rape and related charges.
In December 2004, with jury selection underway, McIntosh pleaded no contest to the lesser charges of sexual assault and possession of marijuana.
Trigiani, has argued that the original sentence should be reinstated because it was the result of an off-the-record deal among Judge Means, prosecutors and defense attorneys. The DA's office has denied any such plea bargain was offered or reached.