25 February, 2010

Nancy Kerrigan's brother freed on bail in dad's death

The brother of skater Nancy Kerrigan, charged with assault and battery in an incident involving his father, was released on bond, authorities said Wednesday.

Mark Kerrigan posted the previously set $10,000 bail and was released from custody, according to the Woburn District Court Clerk's office in Massachusetts.

Kerrigan, 45, was fitted with a tracking device and under conditions of his release is not allowed to leave his home other than to visit his attorney, the clerk's office said. He also is forbidden to use any drugs or alcohol other than prescription medication, can have no access to weapons and must have mental health counseling.

"The Kerrigan family is delighted to have Mark back with them," family spokeswoman Nancy Sterling said in a statement. "They ask that you respect their privacy as they welcome Mark home."

He was arraigned in January and pleaded not guilty to charges he assaulted his father, Daniel Kerrigan, 70. The elder Kerrigan died January 24 after an alleged altercation with his 45-year-old son at the family's home in Stoneham, Massachusetts.

Mark Kerrigan, through his attorney, has denied any responsibility in his father's death.

Daniel Kerrigan's death was ruled a homicide by the medical examiner, but Middlesex County prosecutors have not said whether other charges might be filed against the younger Kerrigan in light of the finding.

The Kerrigan family has said, in a statement released through their attorney, that they believe the medical examiner's finding to be "premature and inaccurate."

"The Kerrigan family does not blame anyone for the unfortunate death of Dan Kerrigan, who had a pre-existing heart condition," said the family statement, released by attorney Tracy Miner.

According to Middlesex County Assistant District Attorney Elizabeth Keeley, police responded to a 911 call at approximately 1:30 a.m. January 24 from Brenda Kerrigan, wife of Daniel and mother to Mark and Nancy Kerrigan.

Keeley told District Court Judge Mark Sullivan during the arraignment for Mark Kerrigan that there was a violent argument and struggle between the father and his son, resulting in the elder Kerrigan falling or collapsing on the kitchen floor. Keeley said that Mark Kerrigan told authorities "that he did in fact have an argument with his father, the argument became physical, he grabbed his father around the neck, and at some point the father collapsed to the floor."

According to Keeley, police found Mark Kerrigan in the basement of the house, "clearly intoxicated" and "extremely combative." He refused to comply with police officers, said Keeley, and they had to subdue him with pepper spray before forcibly removing him from the home.

Mark Kerrigan's attorney, Denise Moore, said in court that Kerrigan was unemployed, was recently released from a correctional facility and was living at home with his parents. He is taking medications and seeking psychological help for post-traumatic stress, apparently from his time in the Army, she added.

Nancy Kerrigan first gained prominence by winning a bronze medal at the 1992 Winter Olympics in Albertville, France. In 1994 she earned an Olympic silver medal in Lillehammer, Norway.

She is perhaps best remembered for surviving an attack before the 1994 Winter Games by skating rival Tonya Harding's ex-husband and an accomplice.