by KYW’s John Ostapkovich
Pennsylvania Superior Court is now considering a request to send a former Penn professor to jail for sexually assaulting a young graduate student.
Tracy McIntosh pleaded no contest to the 2002 assault and got 11 1/2 to 23 months, immediately suspended for house arrest, plus substantial community service, restitution and a fine.
Assistant District Attorney Christopher Mallios says it's simply not enough:
"Tracy McIntosh belongs in jail for what he did. He committed a felony sex offense and wee ask for a sentence of 5 1/2 to 11 years based on all of the aggravating factors in this case."
Factors that did not sway the trial judge and defense attorney Thomas Bergstrom says that was correct:
"I think if you take a look at Judge Means opinion, I think you come away with a conclusion that Judge Means' sentence was reasonable."
It's up to the three judge Superior Court panel to determine if it's within a judge's discretion to give a sentence not only well below the maximum but even the minimum for the crime.
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