Criminal defense attorney and former prosecutor Haim Vasquez said the additional charges increase the bail Smith would need to leave jail prior to trial and also boost the chance of a conviction.“By adding more counts you have more victims that can testify in court, you have more evidence to be able to prove the criminality of the act,” Vasquez said.
Prosecutors will need more evidence to enhance the case to that of a hate crime, which Vasquez said is more difficult than just proving guilt for actions. “You need to show intention and you need to show motivation. Those are things you need to show if you want to label it a hate crime,” Vasquez said. “It's difficult to prove motivation beyond a reasonable doubt.”. The documents said Smith’s girlfriend told police that a car crash two years ago with an Asian driver sparked Smith’s delusions that an Asian mob was after him. The records said Smith was fired from a job over an argument with an Asian manager.
Any decent jury will prosecute for a hate crime regardless of the reason. Defense attorneys should be ashamed to even plead that defense.
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