Reply #22: Doing so might have hurt more than helped.

[Xithras]

The problem with hate crime laws is that you have to prove the suspects committed the crime, AND prove their behavior was racially motivated. If you charge them with a hate crime and can't prove intent, the suspects can walk away even if the prosecutor has proved the basic crime itself.

In this case, one of the accused had a previous relationship with the woman (according to MSNBC), which provides enough of a window for a good defense attorney to introduce doubt. At that point, the defense simply has to argue that the suspects were motivated by something stemming out of the previous relationship. Doubt. Not guilty. The racists go free.

If the DA is sure that he can prove the crime, and the sentences they face are stiff enough anyway (20+ years for kidnapping and rape, minimum), it would be stupid to jeopardize that guaranteed conviction by introducing an enhancement that might get them off.