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US Attorney discusses prosecution and hate crimes
U.S. Attorney for the District of Columbia Jessie K. Liu defended her office against statistics that show although hate crimes are at an all-time high, prosecutions are at a 10-year low.
WASHINGTON (FOX 5 DC) - U.S. Attorney for the District of Columbia Jessie K. Liu defended her office against statistics that show although hate crimes are at an all-time high, prosecutions are at a 10-year low.
The data comes from a recent Washington Post analysis of hate crimes prosecutions, but FOX 5 first reported on a lack of hate crimes charges for crimes involving LGBTQ victims last year.
Liu spoke with FOX 5 the same day the D.C. Council held a hearing on the prosecution discrepancies, which she didn't attend. Instead, Liu sent a letter.
When someone commits a crime because of another person's protected status, for example, sexual orientation or race, prosecutors can charge an additional hate crimes enhancement. It could lead to more prison time for the defendant.
But according to the Post analysis, of 59 hate crimes arrests in 2018, only three defendants were charged with a hate crime by prosecutors.
Liu says the main reason hate crimes enhancement are not sought is that prosecutors do not believe they can prove the hate motivation beyond a reasonable doubt, while police only need to meet a probable cause standard to label something a hate crime.
"The MPD is saying we think that there's something in the facts of this case that indicates it may be a hate crime but we're dealing with a much higher standard when we make a determination," said Liu.
According to Liu, hate crimes cases are still being prosecuted for the underlying crime, just without the additional hate crime charge.
The council hearing, led by Charles Allen (D)-Ward 6, sought to understand why Liu's office is not seeking the hate enhancement.
Allen called Liu out for missing the hearing, prompting FOX 5 to ask about her absence.
"What I found disappointing about today's hearing was that the title of the hearing seemed to indicate that the council had already made up its mind about the work of my office. The title of that hearing as you probably already know is 'Hate Crimes and the failure of the U.S. Attorney's Office to Prosecute,'" Liu said. She thought a letter would be more appropriate.
Liu says her staff is still trying to figure out why hate crimes prosecutions are so low. She also says she has added staff to handle these kinds of cases and scrutinize charging decisions.