Brief in Support of Motion for Admission and Funding for an Antiracism Expert Witness

This brief argues that funding for and admission of an antiracism expert witness is necessary to ensure due process and fairness under both the U.S. and Massachusetts Constitutions, as well as Mass. Gen. Laws ch. 261, § 27C. An antiracism expert’s testimony would assist the factfinder in understanding how structural and interpersonal racism shape perceptions, witness credibility, and evidentiary interpretation—areas outside common experience. Citing Professor Jasmine Gonzalez Rose’s work on “implicit judicial notice,” the brief explains that judges and jurors often unconsciously apply white-normative standards to assess evidence, producing an unequal evidentiary burden for defendants of color. Expert testimony mitigates this bias by contextualizing how race influences policing, charging, and factfinding. The brief grounds admissibility in Mass. G. Evid. § 702 and related case law. It further relies on due process cases to establish that indigent people have a constitutional right to necessary expert assistance. Defenders can use this brief to support motions seeking appointment and funding of experts on race, bias, cross-racial identification, etc. in Massachusetts and other jurisdictions.