Seems to me that in the baseball bat case one has to consider whether the use of the word (and racial referrent) led or followed the motivation.

Wha????

I mean, did the bat-wielder do the assault BECAUSE of racial animus, or did he have a cause of anger preexisting and independent of race (say because of gang tensions, or because he thought the other had stolen his girl friend, or vandalized his car) and use a handy insult in the course of venting his anger.

In the latter case (if believed by a jury) I don't see it as a hate crime. Unless you see the mere use of the word "nigger" as a hate crime , however much one disapproves of that use (and I don't see it that way.)

Dave Oesterreich