Unpacking Michigan's hate crime law

(CBS DETROIT) - Earlier this week, the Arab American Civil Rights League made a push for a hate crime charge in the Gary Lansky case.

Lansky is accused of slashing the throat of 7-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're asking our US Attorney in our Justice Department to look at this close investigate. Send your FBI agents out. Look at what transpired here," Nabih Ayad, Founder and Chairman, ACRL, said.

Professor Heather Johnson at Michigan State University says hate crimes are notoriously tricky to prosecute.

"At the end of the day, you have to have evidence," Prof. Johnson said.

What kind of evidence does a prosecutor need?

"If he mutters, I hate x, y, z and names a particular ethnicity or race or identity, if there's maybe text messages or social media trail, or if it was clear that it was premeditated and planned and targeted and that individual was attacked because of their identity, those are the types of things that add crime plus intent, right, client, plus hate," Johnson said.

According to the most recent data from the FBI, police in Michigan reported 422 hate crime incidents in 2022.

More than two-thirds of those crimes were motivated by race.

"I've been trying to get the hate crimes laws reformed for a very long time. We don't have anything in Michigan that's specifically called a hate crimes law. We do have something called an ethnic intimidation law," Michigan Attorney General Dana Nessel said.

It's a high misdemeanor offense, a low-class felony that carries a maximum sentence of two years in prison. At the federal level, it's 10 years.

Lansky is charged with felony assault and assault with intent to murder.

"While I think it's important to get motivation out and in the event that this was a bias oriented, motivated crime, I think that should come out as a matter of proofs," Nessel said. "I think, unfortunately, I don't know that's very helpful to say that we insist that this two-year low-class felony be charged when he's already facing life in prison."

While the Michigan Legislature has tried to expand or change existing laws legislation bills has yet to make it all the way to Governor Gretchen Whitmer's desk.

"I have full faith and confidence that prosecutor worthy and her office will be able to handle this case," Nessel said.

Meanwhile, the family and friends of Saida Mashrah's fight for justice includes something more.

"Do the right thing and make sure that this individual is charged to protect this community and send a message hate in any of its forms is unacceptable," Ayad said.

On Tuesday, Lansky's bond was revoked. He remains in police custody.