Mass. high court weighs whether unprepared transfer counsel voided Donovan case

BOSTON — The Massachusetts Supreme Judicial Court on Thursday heard competing arguments over whether the defense lawyer’s limited presentation at a 2017 juvenile transfer hearing deprived Brian Donovan of effective assistance and, if a deficiency is found, what remedy would follow.

Attorney Ruth O'Meara Costello, representing Donovan, told the court that transfer counsel ‘‘made exactly two points’’ at the hearing — that Donovan had no criminal record and that a long time had passed since the allegations — and pressed that ‘‘the judge should have bailed counsel out’’ by granting a continuance to allow a fuller presentation. Costello said the juvenile judge omitted social‑history evidence that might have influenced the discretionary transfer decision and argued the omission contributed to Donovan’s later conviction and state prison sentence.

‘‘He’s the one who has now served a state prison sentence,’’ Costello told the justices, urging that the court find counsel’s performance deficient and prejudicial under the applicable standard so the superior‑court verdict cannot stand.

Assistant District Attorney Megan Monahan, arguing for the…