Those who disagree are free to cite contradicting case law.
That statement shows that someone doesn't understand the issue as many folks have pointed out. If you are tried, there is some doubt as to legit nature of your action. You haven't pulled off a definitional good shoot - now have you?
At trial, there is a mountain of evidence from simulations that appearance factors - clothes, race, age, blah, blah - and weapons issues influence juries. It is also clear from legal experts here and other ones, that such processes don't make 'case law'.
In fact, the application of such implicit biases is just now being picked up in terms of racial bias and being argued in court. It's a pretty new area.
The inability of some folks to understand this point is rather stunning and shows how biases work.
BTW, if Mas or Marty have expertise and try to use it to make a living - what's wrong with that? I have expertise and try to sell it honestly. When I've testified, I've given my evaluation and if the lawyer doesn't like it - too bad.