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Kerrigan Autopsy "Critical" to Son's Fate

Ice skating icon Nancy Kerrigan finds herself in the middle of yet another strange criminal case. This time, her father is dead and her brother is in jail, charged with assaulting him.

CBS News correspondent Whit Johnson reported on "The Early Show" from the Boston suburb of Stoneham Tuesday that Mark Kerrigan, the 45-year-old brother of the skating star, remains in police custody on $10,000 bail.

Nancy Kerrigan's Dad Dead, Brother Charged
Nancy Kerrigan Family Tragedy

During his arraignment Monday, Mark Kerrigan pleaded not guilty to assault and battery charges, possibly relating to the death of his father.

The big unknown, Johnson said, is whether the altercation itself led to the death of Daniel Kerrigan or he died of a heart attack, as suggested by the some in the Kerrigan family. Prosecutors are hoping an autopsy will answer that question.

Assistant District Attorney of Middlesex County Elizabeth Healy said Mark Kerrigan indicated that he had an argument with his father and that the argument had become "physical," and that Mark Kerrigan grabbed his father by the neck.

According to the police report, the argument was over the use of a telephone. At 1:30 Sunday morning, police say, they were called to the Kerrigan home and found 70-year-old Daniel Kerrigan unconscious on the kitchen floor. The report says a noticeably intoxicated Mark became belligerent when approached by officers.

Healy said, "He refused to comply with their orders, and they had to subdue him with the use of pepper spray. He had to be forcibly removed from the home."

Daniel Kerrigan was a familiar sight at the 1994 Lillehammer Winter Games where daughter Nancy won silver. However, her performance was overshadowed by the bizarre attack on the figure skater during a pre-games practice.

Mark Kerrigan has a long criminal history and was recently released from serving a two-and-a-half year prison sentence. Outside the courthouse Monday, friends remembered Daniel Kerrigan.

Jim Day, a family friend, told CBS News, "If you looked in the dictionary and wanted the definition of what a man and father was, that was Danny Kerrigan."

Nancy Kerrigan was seen outside her parents' home Monday, but did not speak to reporters. Daniel Kerrigan will be buried on Thursday.

Monday night, the Kerrigan family released a statement asking for privacy, saying, "the family's focus is on mourning Dan and honoring his life and many contributions."

Mark Kerrigan's next court appearance, Johnson said, is scheduled for February 24th.

CBS News legal analyst Lisa Bloom said Daniel Kerrigan's autopsy report will be "absolutely critical" in deciding the charges against Mark Kerrigan.

Bloom said, "The question is, did the father die from a heart attack as the mother told the police, at least initially, or did he die because Mark Kerrigan put his hands on his father's throat, as he says, his father then fell to the floor and shortly after that died. So, the cause of death is critical."

Bloom added that much depends on the cooperation of Brenda Kerrigan, Daniel Kerrigan's wife.

"She's already given one statement to the police that she believed her husband died of a heart attack. She was there in the house, presumably she has information about what happened," she said. "But there's also other evidence. I've read the police report. Three pictures fell off the wall and were broken. The phone was broken. Mark Kerrigan was combative and uncooperative to the police. He smelled of alcohol. So the police have some direct evidence of a struggle, as well."

"Early Show" co-anchor Harry Smith added that this complicated story has other elements.

"This is clearly a troubled man. He was on meds for (post-traumatic stress disorder), apparently," Smith said. "These parents seemed like they were trying to do the best for this guy and it looks like, from appearances, that he turned on them."

Bloom responded, "Well, it does. And the other question is whether he has some kind of mental incapacity defense. It seems from the police report that he's under the influence of alcohol. We don't know about the meds -- they certainly have been suggested. We know that he'd served time in prison. He told the police's he'd been in prison for four years. So all of that will come into play as a defense attorney analyzes this case."

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