No jail return for Kerrigan’s brother

A Massachusetts judge on Wednesday denied a request by ice skater Nancy Kerrigan’s brother to return to prison to serve the last four months of an assault sentence rather than comply with the conditions of his probation.

Mark Kerrigan asked Middlesex Superior Court Judge Kathe Tuttman to send him back to jail to serve the rest of his 2½-year sentence for assault and battery in connection with the 2010 death of his father.

His attorney told Tuttman the terms of his probation were too much of a financial burden and that he would rather go back to jail than deal with the onerous conditions.

Tuttman denied the request.

“It is not up to Mr. Kerrigan to decide that he wants to serve a sentence rather than serve probation,” she said.