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a defense attorney for boykin who has pleaded not guilty said one reason prosecutors did not bring hateent's past criminal record has one other violent crime on the subway, and that crime was committed against a nonasian victim. >> it might be a hate crime, but, still, he didn't say anything. so it's hard. >> it could be either. you don't know. >> yeah. >> wow, no one came to help him. "60 minutes" correspondent wesley lowry joins us now. wesley, good morning. so a hate crime wasn't charged in the case of mr. quintana. does an attacker have to use derogatory language for a hate crime to be considered? >> first of all, thanks for having me this morning. and there is an interesting distinction here. an attacker does not have to use a racial slur or specific derogatory language for something to be a hate crime. on the other hand, because in a hate crime, prosecutors and police have to prove motivation, one of the easiest ways to do that is if a racial slur is used or some type of offensive jessu gesture. you end up having these cases where it might potentially be a hate crime or bias-motiv