STONEHAM, Mass. (WHDH) -- A judge on Wednesday denied a request by 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, 47, was back in a Woburn courtroom following his release from prison last month. The brother of Olympic skater Nancy Kerrigan asked the Middlesex Superior Court Judge Kathe Tuttman to send him back to prison to finish the rest of his 2 1/2-year sentence for assault and battery in connection with the 2010 death of his father in the family’s Stoneham home.

Kerrigan was acquitted of a more serious involuntary manslaughter charge.

“It is not up to Mr. Kerrigan to decide that he wants to serve his sentence instead of performing the conditions, the conditions that were ordered,” said Judge Kathe Tuttman, Middlesex Superior Court.

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 conditions which require him to undergo alcohol counseling and anger management classes.

“Frankly, the conditions of my client for two years conditions I’m not sure anybody could meet,” said Janice Basil, Kerrigan’s attorney.

Tuttman denied the request and probation officials say they have been trying to work with Kerrigan.

“I would like for the defendant to be on probation. We would want to work with him, trying to make it work. However, if he’s not willing to make it work with probation, our hands are tied,” said Paul Cashman, probation officer.

Kerrigan, who did not speak during the 20-minute hearing, was joined by family in court.

His probation continues until July 2014.