WOBURN (CBS/AP) — The brother of Olympic figure skater Nancy Kerrigan will not return to jail, even though he wants to go back.
WBZ NewsRadio 1030's Carl Stevens reports
Mark Kerrigan was released early from a county jail on July 27. He was serving 2 1/2 years following his May 2011 conviction for assault and battery in connection with the death of their 70-year-old father.
At a hearing Wednesday in Middlesex Superior Court, Kerrigan asked to return to jail to serve the remaining six months of his sentence.
If Judge Kathe Tuttman sent him back, Kerrigan would then be exempt from alcohol counseling, anger management classes and mental health counseling, all of which were conditions of his probation.
Kerrigan's attorney argued that those conditions are too expensive and time consuming.
"The conditions set on my client are things I'm not sure anyone could meet. The financial cost alone - $65 a month of probation fees, cost of programs, the ability to go to these programs and to be employed, it's just virtually impossible," said defense attorney Janice Bassil.
Bassil also mentioned that Kerrigan attended every program available to him while incarcerated, including alcohol counseling.
The Probation Department claimed Kerrigan has refused to abide by the conditions.
"It is not up to Mr. Kerrigan to decide that he wants to serve the sentence instead of the conditions of the order," Tuttman said.
She added that she didn't find probable cause for any probation violations, so she ordered Kerrigan to work with the Probation Department.
Kerrigan, who did not speak during the 20-minute hearing, was joined by family in court. His sister was not there.
Prosecutors said Kerrigan caused his father's death while in a drunken rage at the family's home in Stoneham on Jan. 24, 2010.
They said he put his hands around 70-year-old Daniel Kerrigan's neck with such force that he broke cartilage in his larynx and triggered heart failure.
Mark Kerrigan was acquitted of involuntary manslaughter. He received the maximum prison sentence on the assault and battery charge despite tearful pleas for leniency from relatives including his younger sister, Nancy, who won a bronze medal at the 1992 Olympics in Albertville, France, and a silver at the 1994 Winter Olympics in Lillehammer, Norway.
WBZ-TV's Bree Sison contributed to this report. You can follow Bree on Twitter @BreeSison.
(TM and © Copyright 2012 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2012 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)
for more features.