Commonwealth v. Harvey, 397 Mass. 351, 359 (1986)

Commonwealth v. Harvey, 397 Mass. 351, 359 (1986)

When, as here, the demonstrative photograph is generated as a digital image or video image, the judge must determine whether the image fairly and accurately presents what it purports to be, whether it is relevant, and whether its probative value outweighs any prejudice to the other party. ”Videotapes are 'on balance, a reliable evidentiary resource,' ... and ... 'should be admissible as evidence if they are relevant [and] provide a fair representation of that which they purport to depict' .... [D]igital images placed and stored in a computer hard drive and transferred to a compact disc are subject to the same rules of evidence as videotapes.". Concerns regarding the completeness or production of the image go to its weight and not its admissibility. See Commonwealth v. Leneski, supra at 295-296.

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