COEUR d'ALENE - A preliminary hearing Thursday for a Coeur d'Alene man charged with malicious harassment - or a hate crime - had to be rescheduled after the alleged victim didn't show up to testify.

The alleged victim, 39-year-old Demetrius K. Lee, ignored a subpoena when he didn't show up.

Joel T. Diekhoff, 29, is accused of yelling racial slurs and threatening to beat up a black man in late August as the man walked by Diekhoff's apartment near 19th Street and East Mullan Avenue in Coeur d'Alene.

Three other men allegedly joined Diekhoff in his front yard, and Lee bolted, but soon returned with a baseball bat, and a heated conversation broke out. Lee eventually called police.

Lee reportedly told prosecutors he had been threatened, and he now has stopped returning their calls, deputy prosecutor Bryant Bushling told Judge William Hamlett.

Prosecutor Barry McHugh told The Press that he didn't want to comment until his office had a chance to again talk with Lee.

In an interview, defense attorney Gary Amendola said, "If (Bushling) doesn't have a witness, there's no case."

Amendola said he wasn't particularly surprised by the no-show, but said his client had nothing to do with any reported threats.

Amendola said Lee has credibility problems, pointing out Lee was convicted of forgery.

The preliminary hearing has now been rescheduled for Thursday of next week.

The purpose of the hearing is for a judge to assess whether there is probable cause to believe that a crime was committed. During the hearing, the prosecution presents an overview of the evidence.

If the judge finds probable cause, he can move the case up to district court for further proceedings, including trial.

Hamlett released Diekhoff from jail. He has been in custody since the Aug. 27 incident.

Diekhoff's wife and mother-in-law were in court Thursday to support him.

Amendola said, "If Demetrius Lee wasn't black, he would have gone to jail for showing up with a bat and threatening someone."

Amendola said charges against his client, a reputed racist, are the result of local authorities being too eager to appear "politically correct."