Commonwealth v. O'Brien

The defendant in this case is charged with murder. G. L. c. 265, § 1 (1994 ed.). At the time of the homicide, *842the defendant was age fifteen years and five months.1 Pursuant to G. L. c. 119, § 61 (1994 ed.),2 the Commonwealth moved to transfer the defendant to the Superior Court for trial as an adult. A Middlesex County grand jury then returned an indictment, charging the defendant with the murder of Janet Downing.3 Because the Commonwealth chose to indict the defendant, no probable cause (Part A hearing) occurred but from January 9 through January 22, 1996, a transfer hearing (Part B hearing)…