Commonwealth v. DeSouza, 428 Mass. 667, 670 (1999)

Commonwealth v. DeSouza, 428 Mass. 667, 670 (1999)

"The question whether the inflammatory quality of a photograph outweighs its probative value and precludes its admission is determined in the sound discretion of the trial judge." "The fact that a photograph is cumulative of other evidence has not required the exclusion of the photograph." "A judge may appropriately attempt to mitigate the potentially prejudicial nature of a photograph by instructing the jury that the photograph is to be used in analyzing the evidence and is not designed to elicit sympathy."

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