Commonwealth v. Mimless, 760 N.E.2d 762, 53 Mass.App.Ct. 534 (2002)

Commonwealth v. Mimless, 760 N.E.2d 762, 53 Mass.App.Ct. 534 (2002)

“A thirty-four page bar chart depicting the hours the defendant billed Medicaid each day was used as a chalk at trial. "A judge . . . has `considerable, but not unrestrained, discretion as to the degree to which chalks can be used.'" Commonwealth v. DiFonzo, 31 Mass.App.Ct. 921, 923 (1991), quoting from Commonwealth v. Walter, 10 Mass.App.Ct. 255, 264 (1980). While the defendant did not see the chalk until the first day of trial, he had sufficient access to the underlying information prior to trial.”