Hate Crime Charges for Eric Rudolph?

June 6 -- Accused serial bomber Eric Rudolph is said to have strongly opposed homosexuals, going so far as to allegedly orchestrate a 1997 blast at a gay club in Atlanta — but he may not face hate crime charges.

Before his capture last weekend after five years on the run, Rudolph was the only prospective hate crimes suspect on the FBI's 10 Most Wanted list. He is accused of setting the Feb. 21, 1997, bomb at the Otherside Lounge, a now-defunct gay and lesbian club. Five people were wounded, some from nails that were packed into the bomb.

But Rudolph, 36, has not been charged with a hate or bias crime … yet. Whether he is prosecuted for the gay bar bombing depends in large part on what happens in Alabama, where he will be tried first for a 1998 bombing at a Birmingham abortion clinic. If convicted, he could face the death penalty.

And the matter could be influenced by the definition of what a hate crime is. Federal hate crime law currently does not cover sexual orientation. Georgia does not explicitly include sexual orientation under its hate crime law, although it defines victims as anyone targeted "because of bias or prejudice."

Officials at the U.S. attorney's office in Atlanta said it was premature to consider filing hate crime charges against Rudolph, who is already facing federal charges in both Georgia and Alabama. And local officials are deciding whether to pursue state charges against Rudolph. If a hate crime charge gets added, it would "enhance" the original charge and could help determine whether Rudolph gets the death penalty or life in prison if convicted.

"Like with any case, prosecutors would have to prove that he targeted the victims out of bias or prejudice," said Erik Friedly, spokesman for the Fulton County, Ga., district attorney's office. "Again, it would depend on what the evidence showed. … But the hate crime would not be a separate charge but would be an enhancement."

Getting Inside Rudolph’s Head

If Rudolph, who is said to have belonged to a white supremacist religious group, was to face hate crime charges for the gay club bombing, prosecutors would need more than his alleged affiliation and beliefs to convict him.