The problem is you identify it as black on white and vice versa...why isn't it just crime?
But look at the arguement that is being presented by his attorney. Plus it sounds like the judge is bending to it:
Hampshire Superior Court Judge Judd Carhart ruled last month that prosecutors must provide the defense five years of data on racial violence and hate crimes in the county. Prosecutors are appealing the order.
He is saying the the stabbing is a type of self defense. That the racial slurs somehow qualify as striking first (striking in the sense of doing physical harm).
IMHO a very dangerous angle if the legal system buys into it. Almost like the woman with severe PMS using it as an excuse to commit serious crimes.