Tenel McIntosh, the convicted killer of American tourist Lori Fogelman, 32, appeared before Court of Appeal Justices on Monday to learn that his appeal could not be heard until next year, as required documentation was not ready.
Originally charged with murder, McIntosh was convicted of manslaughter by an 8 to 4 verdict in June 2002, and sentenced by Justice Jon Isaacs on June 24, 2002 to 25 years.
Court of Appeal president Dame Joan Sawyer told Godfrey “Pro” Pinder, McIntosh’s attorney, and Bernard Turner, Director of Public Prosecutions, that the matter would be heard on Feb. 11, 2004, by which time it was expected that the necessary papers would have been received by both appellant and respondent.
Pinder said the sentence and conviction were being appealed for several reasons.
Before being sentenced, McIntosh, maintaining his innocence said, “I did not do nothing, I was not here. Looking back at it from that end, the only thing I can do is throw myself at the mercy of the court.”
Fogelman was a second grade teacher from Richmond, Virginia who went missing from July 20, 1998. It was alleged by the prosecution at the trial last year that McIntosh, between July 20, 1998 and August 22, 1998, while at Paradise Island, intentionally and unlawfully caused the death of Fogelman.
The trial was the second in little more than a year for McIntosh, who had also been charged with the murder of Joanne Clarke of Great Britain. The Crown charged that McIntosh caused her death between Aug. 21, 1998 and Aug. 22, 1998.
However, the trial ended with the jury unable to reach a verdict, around March last year, and McIntosh was tried a second time.
The bodies of Fogelman and Clarke were found within about 80 feet of each other in an isolated area of Cabbage Beach, Paradise Island on Aug. 22, 1998. Exactly a month later, on Sept. 22, 1998, McIntosh who was 18-years-old at the time was arrested, and charged with a double murder.
He remains remanded at Her Majesty’s Prison, Fox Hill.
By Jimenita Swain, The Nassau Guardian
