Ramsey County, MNIn a story that LawyersandSettlements.com has been following, a man originally convicted in 2007 for vehicular homicide has been freed. Koua Fong Lee had been driving a 1996 Toyota Camry carrying his family when the car, Lee claims,
accelerated uncontrollably and slammed into the back of a car stopped at a red light at the end of an expressway off-ramp. It was estimated that Lee's car had been travelling up to 90 miles an hour when it hit the car in front, killing three people.
Lee told CNN that he had always maintained his innocence, claiming that he tried everything to stop the car before the collision.
His case was brought to renewed public awareness after the recent spate of Toyota-made vehicles experiencing uncontrolled and unintended acceleration, the apparent result of faulty accelerator pedals (experts have only recently concluded that Toyota electronics are not to blame).
In actual fact, Lee's release after serving three years of an eight-year sentence stemmed from a series of legal technicalities. Prosecution at the trial alleged that Lee had mistaken the accelerator pedal for the brake pedal, and that the brakes had not been used—this in spite of the defendant's claim that he had done everything in his power to stop the car, considering he was accompanied by his pregnant wife, father, daughter, brother and niece.
Court heard that two independent experts—one each for the state--and the defense, had examined the car's brakes and both concluded that the brakes were operational.
However, Lee's current attorney stated that there was evidence shortly after the accident, in 2006, that the brakes had been applied at the time of impact, given the illumination of the brake lamp. That evidence was known prior to the start of the trial. It is not clear if that evidence was introduced at trial.
In the end, District Judge Joanne Smith concluded that Lee's original attorney failed to defend Lee adequately at trial, suggesting that Lee must have had his foot on the accelerator even in the face of her client emphatically maintaining he had been pumping the brakes at the time.
Lee, from Minnesota, was freed pending a new trial. However Ramsey County Prosecutor Susan Gaertner immediately said she would drop the charges and wouldn't retry Lee, according to CNN.
Having already been forgiven by the victim's families, Toyota is currently facing a lawsuit pertaining to the alleged problems with the 1996 Camry, driven by Lee, which caused the deaths of a man, his 10-year-old son and a 6-year-old girl. The families, it is reported, actually joined the lobby to have Lee freed, so convinced were they of his innocence. They are suing Toyota now.
It is not known if Lee will launch his own lawsuit against Toyota for the three years he sat in jail.
The 1996 Toyota Camry is not part of the recent recall announced by Toyota over faulty accelerator pedals or ill-fitting floor mats. However, cases similar to Mr. Lee's have been earning renewed scrutiny given the suspicion that sudden and unintended acceleration has been more a widespread problem than first thought.