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Death of Kerrigan's father is ruled a homicide

E-mail|Link February 9, 2010 02:41 PM

By John R. Ellement, Globe Staff

The father of Olympic figure skater Nancy Kerrigan died from cardiac arrest brought on by a struggle with his son, but Middlesex District Attorney Gerard T. Leone Jr. has not yet decided whether Mark D. Kerrigan will face murder charges.

In a statement released this afternoon, Leone's office said that the state medical examiner has concluded the death of 70-year-old Daniel Kerrigan was a homicide after he suffered a heart attack inside his Stoneham home early on Jan. 24. His son, Mark, was arrested at the scene and charged with assault and battery on his father.

"The Medical Examiner determined that the cause of death was cardiac dysrhythmia following a physical altercation with neck compression causing injury to the neck in the form of a cartilage fracture to the larynx area, in a person with hypertensive and atherosclerotic cardiovascular heart disease,'' Leone said in the statement.

"The corresponding manner of death has been ruled a homicide. As a result of these conclusions of the Medical Examiner, the investigation into Daniel Kerrigan’s death, and whether any charges in connection with his death are appropriate, remains ongoing."

A few hours after Leone made his announcement, the Kerrigan family issued a statement through their Boston attorney, Tracy Miner.

“The Kerrigan family is extremely disappointed that the medical examiner would release a cause of death without having all of the relevant facts. We believe this finding to be premature and inaccurate,'' the family said in the statement.

The family said they do not believe Mark Kerrigan should face criminal charges for the death of his father.

“The Kerrigan family does not blame anyone for the unfortunate death of Dan Kerrigan, who had a pre-existing heart condition.''

Related coverage:

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1/28 Kerrigan family recalls its patriarch
1/26 Death, arrest in stunning
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YouTube video The 1994 attack on Nancy Kerrigan
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Mark Kerrigan has pleaded not guilty to all charges in Woburn District Court. After his court appearance last month, he was sent to Bridgewater State Hospital for psychiatric observation.

Mark Kerrigan is still at that hospital, according to a spokeswoman for the Deparmtent of Correction.

Denise C. Moore, Mark Kerrigan's defense attorney, would not discuss the case. "I have no comment,'' she said before hanging up the phone today.

Timothy M. Burke, a former Suffolk County homicide prosecutor, said the information made public by Leone today shows that the struggle between father and son, when the son allegedly put his hands on his father's neck, was not the sole reason for Daniel Kerrigan's death. The 70-year-old's existing heart conditions also contributed.

"The physical altercation was a contributing cause, but clearly not the sole cause leading to Mr. Kerrigan's death,'' said Burke, now a Needham attorney who is not involved in the Kerrigan case. The father's "preexisting conditions played a significant role leading up to Mr. Kerrigan's death.''

From the perspective of a prosecutor, Burke said, that medical evidence strongly suggests Leone will not be seeking to charge Mark Kerrigan with murder, but instead will push for manslaughter or involuntary manslaughter because the son clearly did not intend to end his father's life.

"Obviously, there was an argument, a physical assault, but there was no intention to kill another person,'' Burke said of the fight between the Kerrigans. "That doesn't mean there isn't culpability. What it means is the law recognizes the frailty of human conduct and allows the lesser charge'' of manslaughter or involuntary manslaughter.

Mark Kerrigan's state of mind – he suffers from post-traumatic stress disorder and substance abuse problems – is also a factor that probably will lead Leone away from seeking the most severe penalty on the state's law books – life imprisonment for first-degree murder without the possibility of parole.

"The issue for the DA at this stage isn't whether or not he was sane,'' Burke said of Mark Kerrigan. "The issue is what were his intentions during the course of the struggle with is father. His intention wasn't to kill. As I see it, it's not a murder case. Clearly.''

Both types of manslaughter give the sentencing judge great leeway – conviction can mean a sentence of just probation, to a maximum of 20 years imprisonment.

Burke said he expects Leone will present the case to a grand jury and shift the case to Superior Court instead of filing new charges against Mark Kerrigan in Woburn District Court.