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Video related to this article is available below.Issue date: 9/17/07 Section: News
McIntosh alleges prosecution reneged on plea deal
Former prof may rescind no-contest plea in 2002 sexual assault after court forced resentencing
Emily Babay
Deborah Harley Tierney, chief of the District Attorney's Family Violence and Sexual Assault Unit, echoed DeSipio's words, saying after the hearing that, even off the record, "there was no deal."
Tierney said that, had a deal existed, McIntosh would have been sentenced at the time of his plea.
In March 2005, prosecutors publicly asked for a sentence of at least 5 1/2 years in prison, but Means instead gave McIntosh 11 1/2 to 23 months of house arrest, eight years probation and $40,000 in fines and restitution to the victim.
Means said the lighter sentence came partially because of McIntosh's status as a preeminent researcher, and the District Attorney's office appealed the sentence, saying Means appeared to believe McIntosh was "too important for prison."
The state Superior Court ordered McIntosh to be resentenced last November, and the state Supreme Court affirmed the resentencing order in April.
McIntosh and the University also reached separate, confidential civil-suit agreements with the victim in January.
Tierney said that, had a deal existed, McIntosh would have been sentenced at the time of his plea.
In March 2005, prosecutors publicly asked for a sentence of at least 5 1/2 years in prison, but Means instead gave McIntosh 11 1/2 to 23 months of house arrest, eight years probation and $40,000 in fines and restitution to the victim.
Means said the lighter sentence came partially because of McIntosh's status as a preeminent researcher, and the District Attorney's office appealed the sentence, saying Means appeared to believe McIntosh was "too important for prison."
The state Superior Court ordered McIntosh to be resentenced last November, and the state Supreme Court affirmed the resentencing order in April.
McIntosh and the University also reached separate, confidential civil-suit agreements with the victim in January.
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Alum (lawyer)
posted 9/17/07 @ 8:45 AM EST
It would be one hell of an outcome if he withdrew his plea and was acquitted. The resulting philosophical speculation- would that be justice?- presents a classic legal conundrum. (Continued…)
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