(CBS-DETROIT) – Earlier this week, the Arab American Civil Rights League pushed for a hate crime charge in the Gary Lansky case.
Lansky is accused of slitting the throat of seven-year-old girl Saida Mashrah.
The question now is: What is the hate crime law in Michigan, and what evidence does a prosecutor need to charge someone with it?
“We are asking our United States Attorney from our Department of Justice to review this in-depth investigation. Send in your FBI agents. Look what happened here,” said Nabih Ayad, founder and chairman of ACRL.
Professor Heather Johnson of Michigan State University says hate crimes are notoriously difficult to prosecute.
“Ultimately you have to have evidence,” Prof. Johnson said.
What kind of evidence does a prosecutor need?
“If he mumbles I hate x, y, z and mentions a certain ethnicity, race or identity, if there might be text messages or social media traces, or if it was clear that it was premeditated, planned and purposeful and that individual was attacked because of their identity, these are the kinds of things that add crime plus intent, right, client and hate,” Johnson said.
Police in Michigan reported 422 hate crimes in 2022, according to the FBI’s most recent data.
More than two-thirds of these crimes were motivated by race.
“I have been trying to reform hate crime laws for a long time. We don’t have anything in Michigan that is specifically called a hate crime law. We do have something called an ethnic intimidation law,” Michigan Attorney General Dana. Nessel said.
It is a serious crime, a low-class misdemeanor that carries a maximum penalty of two years in prison. At the federal level that is ten years.
Lansky is charged with assault and battery with intent to murder.
“While I think it’s important to get the motivation out there and in the event that this was a biased, motivated crime, I think this needs to come out as a matter of evidence,” Nessel said. “I think it’s unfortunately not very helpful to say that we’re pushing for this two-year low-level felony to be charged when he’s already facing a life sentence.”
Although the Michigan Legislature has attempted to expand or change existing laws, the bills have yet to reach Governor Gretchen Whitmer’s desk.
“I have every confidence that the prosecutor and her office can handle this case,” Nessel said.
Meanwhile, Saida Mashrah’s family and friends’ fight for justice involves something more.
“Do the right thing and ensure that this individual is charged with protecting this community and sending a message that hate in any form is unacceptable,” Ayad said.
Lansky’s bond was revoked on Tuesday. He remains in police custody.
