The Commonwealth's case against Mark Kerrigan, Olympic figure skater Nancy Kerrigan's brother, came to an end Thursday after
Superior Court Judge S. Jane Haggerty ruled on the side of the prosecution, as Assistant District Attorney Elizabeth Keeley recommended Mark Kerrigan serve the maximum sentence—2 1/2 years in the House of Correction.
"He is not a candidate for probation," Keeley said. "This defendant's record dates back 30 years. His first arrest was as a juvenile... and his criminal record is replete with numerous arrests."
Keeley stated that Mark Kerrigan's criminal history involved alcohol-related offenses. It was revealed that Mark Kerrigan also served four years in a House of Correction in Billerica for various arrests, including a violation of a restraining ordering that ordered him not to have contact with his then-wife.
Mark Kerrigan, 46, was acquitted of involuntary manslaughter on Wednesday in Middlesex County Superior Court in Woburn; however, he was found guilty on a single misdemeanor count of assault and battery. Mark Kerrigan stood trial after being accused of causing the death of his 70-year-old father Daniel Kerrigan amid a struggle inside the family's home in Stoneham on Jan. 24, 2010.
Despite emotional pleas made by , of Lynnfield, and Joanne Tarason, who read a statement on behalf of her sister Brenda Kerrigan, Haggerty opted for a stiffer penalty than the probation request made by defense.
"I hope the court will consider the hardship and trauma my family (has experienced)," Nancy Kerrigan said tearfully. "None of us have really had a chance to grieve the death of my father. (We need Mark back with us)."
"I never wanted this trial or charges or any attention paid to what happens within my family," Tarason read. "Even after the verdict, (the prosecution is) still taking shots at my son and my family on the news."
Defense Attorney Janice Bassil said Mark Kerrigan has battled alcoholism, depression, anxiety and post-traumatic stress disorder (PTSD) for most of his life and taken various prescriptions to treat his illnesses. She said Mark Kerrigan's PTSD stemmed from an incident in 1985 while serving a peacekeeping mission with the Army. He was supposed to be on the third plane departing from the mission in Egypt, which crashed and killed 248 people including two of his best friends.
Mark Kerrigan, who did not testify during the trial, did make a brief plea to the judge for leniency.
"I love my father and I miss him very much," Mark Kerrigan said. "And I'd like the opportunity to return home with my family so we can finish grieving over my father's loss so I can be there to help my mother."
While sentencing Mark Kerrigan, Haggerty said he had "uncontrollable anger issues, (and exhibited) destructive behavior" and was not a candidate for probation. Her sentence of Mark Kerrigan included 2 1/2 years in County jail with six months suspended, two years probation, in-patient alcohol treatment and he also has to attend AA four times a week.
Mark Kerrigan may be eligible for parole after eight months served in jail.
The Kerrigan family declined to comment following the judge's sentencing.