Could Alec Baldwin face hate crime charges?

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Kelly scored -- second session on the docket today actor Alec Baldwin.

Could possibly face hate crime charges.

The thirty rock star now the focus of an investigation by the New York police department's hate crimes task force.

After he reportedly got into an argument outside of his apartment building with a reporter and a photographer from the New York Post.

A paper that is owned by the same parent company as the Fox News Channel.

That photographer.

Is black and is also a retired NYPD detective.

The post did a report about the squabble.

Calling it a race rants telling their staff members.

Side of the story.

Saying Alec Baldwin used a racial slur and called the photographer a drug dealer and -- crack head on top of the racial slur.

-- Paula denies the allegations strongly saying he's never in his life used a racial epithet.

Toward anyone.

Joining me now David Wolf former prosecutor now defense attorney John is -- -- same pedigree so now we have apparently confirmed.

That he is being investigated for a possible hate crimes charged.

And the UV he is alleged to whip called the black.

Former NYPD detective.

It's it's the C word I don't think you can say this on TV it rhymes with -- and a drug dealer and to crack head.

And the question I have for you David is if in fact they can prove he did that has -- cleaning they have an audiotape.

Does that make a hate crime.

-- make union New York our State's hate crime statute requires an underlying.

Offense on top of those words because the words themselves are protected.

Under the First Amendment however what he did was arguably aggravated harassment which is one of those underlying crimes.

Or menacing as it spelled out in the New York statute.

And if you couple those together on top of what he said it and I know he denies.

-- is Megan but the problem is he issued a tweet that was unfortunately copied like the -- celebrities often are.

Anything that tweaked it said.

Very clearly the is Scott couldn't be an -- NYPD officer because the XNYPD.

Officers would not be a crack head.

So oops that might just -- his statement that he never said anything like that -- that he now uses racial app.

At this track -- -- -- yes I mean I think this this this case is more about that C word John that read yes absolutely I'm gonna go on record Megan is saying he will never.

Ever be charged with a hate crime here it just doesn't -- David correctly pointed out that out that -- hate crimes statute.

Need to have an underlying offense at worst.

-- -- Baldwin did as harassment -- and guess -- harassment second not only is that in the -- it's not even a crime under New -- -- it's a violation that's what they had that that was a complaint.

That they each had against each other as simple Barak -- plate which can happen if you push your -- somebody.

Or you engage in -- course of conduct that does dying to her rats -- -- so this is first kind of had contact with that photographer nothing else is gonna -- but not even.

Iraq but there's another problem with the potential who claim David and that is.

You -- it -- it to be a hate crime you have to target the person because.

Of that their race not just saying a word.

Doesn't make it a hate crime -- if he did something to that and ivory push the photographer.

Or you know hurt the data did it because he's black that's potentially a problem.

But if he's just you know throwing around racial epithets that's not necessarily illegal.

Well and it may be that Alec Baldwin's problem with News Corp.

in the in the New York Post and Fox News may be behind this.

It's hard to -- that it would tweak and never Mike -- -- you know I.

I didn't seem to have a problem with you that -- supposed to -- what -- -- -- -- Well what -- -- tweets Megan was interestingly now Ralston shows up with Murdoch's niece is in tow so I'm assuming he met the of one of the employees of the New York Post was a reporter rob.

Although our records of what he's never said anything about me in particular.

Well that's wonderful that -- would make antibodies that actually there's much more and evidence in this case and visit them another new strain -- it we'll talk about it after the break.

-- -- an added twist in -- story is that Alec Baldwin has acclaim of his own he is filing a harassment complaint.

Suggesting that the photographer.

Who against -- yet allegedly used this racial -- -- -- -- deliberately banged into him with his shoulder.

And so -- they've got cross complaint -- -- work that out John how they figure out whether that's true.

You know it's really simple -- please we'll talk to both parties they'll figure out who's got the greater credibility and in New York -- and didn't even get Baldwin there's a simple harassment claim because like I said it's not a misdemeanor it's a violation.

And usually little end up happening is may be a restraining order and order of protection.

Mutually against each other so that they need each other alone and everybody calls -- -- nobody goes to -- even though technically you could go for fifteen days I've never seen it happen but that's pretty.

My -- here's the other thing David if he if he's on the record with the polices denying using that C word.

Or those other words but the photographer.

Was with the reporter and the reporter had a you know we we -- carry around.

Recorders when we when we go to do interviews in this case it was you know an attempted interview in if it's on tape that he did say those things could -- be in a separate.

New line of trouble for for not being honest with the police.

Absolutely lying to do -- submission to the police and if that is on.

A reporter obviously that's -- also -- my understanding is he threatened the reporters self saying.

I will show cheated death -- that don't I don't -- -- chosen to death then I want I want to oh yeah I didn't show very different and a little bit different.

That's a little bit different but.

And I got to say -- that's going to go into the decision making process for this DA on whether they filed charges it's always.

Does should it -- I mean we he's got a long history remember this voicemail.

Whose daughter.

Our viewers are.

Probably.

Okay now he came out apologize for that than -- of that but does that factor in.

That's not going to factor and this is really really diminished even if he said the horrible things that this reporter at -- -- he's dead.

And David pointed out he's allowed to stay at First Amendment gives us that right yeah -- really look.

They know.

Knowing I had we really got it yeah -- I don't -- other crews do their job and get a picture and did an interview yeah.

All them verbally physique -- -- America live any time and he will not be one NHL.

Canadian look at that that -- everything about it right now --

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Could Alec Baldwin face hate crime charges?

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