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It doesn't have to be proven if the victim was black. Look at the george zimmerman - trayvon martin case. As soon as it was known that a black guy was the victim you had black groups threatening Zimmerman's life and threatening to file lawsuits.
So far that murder has not been officially labeled a "hate crime". The main reason why blacks were upset was because Zimmerman was not initially arrested. They feel if a black man had killed a white teen he wouldn't have been set free that night.
It may not have been "officially" labeled a "hate crime", but there were plenty of racebaiters working that gig. Zimmerman wasn't initially arrested because the evidence pointed to him being the victim.
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