Mark Kerrigan Can Go from Custody to Mom's Care

Mark Kerrigan Can Go from Custody to Mom's Care
Mark Kerrigan and sister Nancy
AP; Getty

02/17/2010 AT 03:25 PM EST

Mark Kerrigan, the brother of former Olympian Nancy Kerrigan who is facing charges of assaulting his father, Daniel, could soon be out of custody and living with his mother.

A judge changed the terms of Mark Kerrigan's bail Wednesday morning, allowing him to move back into the family's Massachusetts home if he posts $10,000 bail.

The prosecutor in the case objected to Kerrigan's release to his mother's home. "There's concern for the mother's safety," said District Attorney's spokeswoman Jessica Venezia. "She's a witness in the case."

To address those concerns, the judge ruled that Kerrigan will have to wear a GPS monitoring bracelet, stay sober and submit to random drug and alcohol testing, among other restrictions.



Kerrigan's lawyer told the judge that his family is ready and willing to post the $10,000 bail.

The development comes on the heels of the announcement by Middlesex, Mass., District Attorney Gerry Leone that the Jan. 24 death of Daniel Kerrigan, 70, will be treated a homicide. Mark Kerrigan, 45, had a violent struggle with his father before the elder Kerrigan's death.

The Kerrigan family, however, has not put the blame on Mark, saying a heart condition led to Daniel Kerrigan's death.

The news of the judge's ruling on Mark's bail terms was first reported by TMZ.

Reporting by JUDY RAKOWSKY

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