Issue date: 2/13/08 Section: News

This makes it even more crucial for Dembe, who has been assigned to the case since Means recused himself, to provide a "contemporaneous written statement on her reasoning," Artur said.

Means has also been accused of favoring McIntosh, a world-renowned brain trauma expert and the former head of Penn's Head Injury Research Center, due to his prestigious social and academic position, saying that he had considered the defendant's "social worth."

But some legal experts say public opinion should have little effect on Dembe's sentence.

"The question is whether the facts have changed," said Penn Law professor Paul Robinson. "You have the problem of the criminal-justice system being under the influence of public uproar."

Prosecutors have said they will ask for 5-and-a-half to 11 years in prison for McIntosh.

"Every judge can look at this differently," Artur said, "so be prepared for a surprise. … But I think you're going to find a very reasoned, fair, thought-out sentence."

Trigiani and Assistant District Attorney Richard DeSipio did not return calls for comment yesterday.

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