Middlesex County Jury Convicts Stoneham Native Mark Kerrigan For Lesser Charge Of Assault And Battery
Following nine days of trial and more than fifteen hours of deliberations a Middlesex County jury convicted Mark Kerrigan for simple assault and battery. The District Attorney's Office sought a conviction for manslaughter in the death of Mark Kerrigan's seventy year old father following a physical altercation at the family's home in January 2010. Mark Kerrigan is the brother of former Olympic figure skater Nancy Kerrigan.
According to The Boston Globe, the police were called to the Kerrigan home twice on the night of the incident. The prosecution argued that Kerrigan and his father fought over the use of a telephone before the elder collapsed from an apparent heart attack. Although Kerrigan's family did not support the prosecution, Middlesex County Assistant District Attorney Elizabeth Keeley stated that the prosecution was not treated any differently because the defendant's family supported the defendant.
Although the Commonwealth tried to prove that Mark Kerrigan was responsible for his father's death, the jury thought otherwise and returned a not guilty verdict on the manslaugher charge. The Commonwealth prevailed on proving beyond a reasonable doubt that Kerrigan committed an assault and battery on his father. He will be sentenced today and faces up to two and one half years in jail. He has already served four months.
The Commonwealth can prove assault and battery under either of two theories. For one theory the Commonwealth must prove beyond a reasonable doubt that the defendant committed an intentional touching on another without that person's permission. Alternatively, there is a theory in which a defendant engaged in conduct which resulted in physical injury to a victim. Consent is not a defense to this type of assault and battery.
Attorney Kathleen M. McCarthy successfully defends individuals charged with violent crimes. Depending on the circumstances, the most common defenses are to claim that the event did not occur or that a defendant was acting in self-defense or in defense of another. Once the issues of self-defense or defense of another has been raised the burden is on the Commonwealth to prove beyond a reasonable doubt that the defendant did not act in self-defense. If you have been charged with any crime in Peabody, Lowell, Lawrence or Salem and want experience and skill on your side contact Attorney McCarthy on-line or contact her at (978) 975-8060 and she will get to work on your case immediately.
