Crime & Safety

LIVE BLOG: Jury Sent Home, Deliberations Continue Tuesday in Mark Kerrigan Manslaughter Trial

Day six of the trial is underway at Middlesex County Superior Court Monday.

Here are the latest updates in the Mark Kerrigan manslaughter trial at Middlesex County Superior Court Monday:

@9:12 a.m.: Court is in session.

@9:13 a.m.: Judge S. Jane Haggerty discusses jury instructions with the prosecution and defense attorneys. 

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@9:24 a.m.: Jury enters the room.

@9:28 a.m.: Defense Attorney Janice Bassil starts closing argument.

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@9:30 a.m.: Bassil said Brenda Kerrigan, wife of Daniel Kerrigan who died on Jan. 24, 2010 in a struggle with his son Mark Kerrigan, testified what she saw and did not see hands around his father's throat. 

@9:32 a.m.: At some point, Mark Kerrigan came upstairs and seemed intoxicated, said Bassil. Daniel Kerrigan ran downstairs and Brenda Kerrigan followed, saw her her husband and son in a "bear hug" before Daniel Kerrigan fainted or collapsed. "She did not see him grab (Daniel) around the neck," Bassil said, noting that she could see the incident despite being legally blind because she was very close to the men at the time.

@9:33 a.m.: Brenda Kerrigan called 911 and Mark Kerrigan thought his father was faking it and yelling in the background. "There is no evidence he was (swearing) at his father," Bassil said.

@9:35 a.m.: Bassil says testimony changed from officer to officer. Stoneham Police Officer Jonathan Mahoney said Mark Kerrigan told him that he put his hands around Daniel Kerrigan's throat and he fell, not shoved to the floor as the prosecution described throughout the trial, Bassil added.

@9:38 a.m.: Dr. Elizabeth Laposata offered "an opinion you can trust" and was "very precise" in her explanation as to how Daniel Kerrigan sustained fractured cartilage in the left side of his larynx, said Bassil. Fracture could have happened during paramedics doing jaw thrust or during the autopsy, Bassil added.

@9:40 a.m.: "There was very little blood around that fracture," said Bassil, and little blood flowing to the extremities. "The arrhythmia already had happened... that already happened upstairs. That's reasonable doubt."

@9:43 a.m.: Mark Kerrigan was supposedly combative, but "was he like that with his father?" posited Bassil. "Don't let this be a red herring" in making your decision, she said.

@9:44 a.m.: Stoneham Police Officer David Thistle said Mark Kerrigan was not throwing punches and he did not hit any officer, stated Bassil.

@9:45 a.m.: "Where is the evidence that Mark Kerrigan caused his father's death?" Bassil asked. 

@9:48 a.m.: "It's their burden of proof," said Bassil of the prosecution needing to prove without a reasonable doubt that Mark Kerrigan caused his father's death.

@9:50 a.m.: Bassil uses a timeline graphic to explain the moments of Jan. 24, 2010. From Daniel Kerrigan getting out of bed to his collapse on the kitchen floor happened in about three minutes, she said based on Dr. Warren Manning's testimony and how he believed Daniel Kerrigan was already experiencing an ischemic episode prior to the altercation.

@9:54 a.m.: The prosecution can point the finger at Mark Kerrigan and call him names, but where is the evidence he grabbed his father around the neck, Bassil asked. 

@9:55 a.m.: "Most of the trauma to his body was from resuscitation," said Bassil, not the altercation. 

@9:57 a.m.: "I ask you to find Mark Kerrigan not guilty of all the charges," Bassil said. "... You know (the prosecution) can't prove their case."

@9:59 a.m.: Defense ends closing argument.

@10 a.m.: Assistant District Attorney Elizabeth Keeley begins her closing argument.

@10:01 a.m.: Daniel Kerrigan was "salt of the earth" and playing with his grandkids and helping family "at the drop of the hat."

@10:02 a.m.: "It would take more than a bear hug to bring him down," said Keeley of Daniel Kerrigan.

@10:03 a.m.: "He did what he wanted," said Keeley of Daniel Kerrigan's decision to smoke cigarettes, adding "what does that matter?"

@10:04 a.m.: "An angry, mean, nasty drunk son of his" to bring down Daniel Kerrigan, said Bassil of Mark Kerrigan. 

@10:06 a.m.: The reason why (Daniel Kerrigan went downstairs) was because of Mark Kerrigan, stated Keeley.

@10:07 a.m.: Isn't it likely that when Daniel Kerrigan went downstairs into the kitchen he told Mark Kerrigan to go downstairs, with Mark Kerrigan likely responding, 'What are you going to do—push me down the stairs?'

@10:09 a.m.: Brenda Kerrigan cries during the prosecution's closing arguments and is consoled by her daughter Nancy Kerrigan. She also teared up during the prosecution's playing the 911 call.

@10:13 a.m.: "He grabbed him around the neck with such force that he fractured his larynx," Keeley said, adding that they were in a struggle for more than 30 seconds instead of 6-7 seconds like the defense described.

@10:19 a.m.: "What physical feeling did he feel before he fell to that kitchen floor? He felt pain," said Keeley. "There are no other 14 people better prepared and better equipped to decide this case than you."

@10:20 a.m.: "We have proven without a reasonable doubt" that Mark Kerrigan is guilty, said Keeley.

@10:22 a.m.: "We know (Daniel Kerrigan) died from actions by this defendant," said Keeley.

@10:23 a.m.: The prosecution ends closing statement.

@10: 25 a.m.: Court is in a 15-minute break.

@10:40 a.m.: Court session resumes.

@10:43 a.m.: Jury reenters courtroom.

@10:44 a.m.: Judge begins giving jury instructions before deliberations.

@11:51 a.m.: Jury leaves room to begin deliberations.

@1 p.m.: Court briefly resumes after the jury requests to see the police report and a transcript of the grand jury testimony and Judge Haggerty denied the requests, asking jurors to rely on memory only.

@4:40 p.m.: Court resumes and jury reenters courtroom. 

@4:41 p.m.: Judge ends jury deliberations for the day. Deliberations to resume at 8:45 a.m. Tuesday.


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