WOBURN, Mass. - The brother of figure skater Nancy Kerrigan, charged with assaulting his father shortly before he died, will be allowed to live in the house where the assault occurred if he is able to post bail, a judge ruled Wednesday.
Mark Kerrigan, 45, is currently being held on US$10,000 bond as he undergoes a psychiatric evaluation.
Prosecutors argued in Woburn District Court on Wednesday that Mark Kerrigan should not be allowed to return to the Stoneham home because his mother, who still lives there, is a witness in the case.
But a judge ruled that if he posts bond, he can go back to the home, said Jessica Venezia, a spokeswoman for Middlesex District Attorney Gerry Leone.
Daniel Kerrigan, 70, died last month.
Prosecutors charged Mark Kerrigan with assault and have said they are deciding whether to upgrade the charge.
A state medical examiner ruled that the cause of death was "cardiac dysrhythmia" -- a loss or interruption of a normal heartbeat that can lead to cardiac arrest -- after a physical altercation with neck compression that damaged Kerrigan's windpipe. The findings also noted that the elder Kerrigan had high blood pressure and clogged heart arteries.
The Kerrigan family disputes the findings and says Daniel Kerrigan had a pre-existing heart condition.
On Wednesday, the family said they intend to post bail for Mark Kerrigan. It was not immediately clear when his psychological evaluation will be completed.
"The family will post bail for Mark as soon as he is eligible," said Nancy Sterling, a spokeswoman for the Kerrigans. "They look forward to having him home with them."
