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3.03.2010

did toyota send this man to eight years in jail?

Here's more on Koua Fong Lee, the Minnesota man serving eight years for vehicular homicide because of a fatal 2006 crash involving his Toyota Camry, now hoping that Toyota's recent mass recall over unintended acceleration will lead to his exoneration: 'Toyota defense' could reverse criminal conviction.
Lee told investigators that he pumped the brakes as he exited I-94 in St. Paul, Minnesota, and approached an intersection, his lawyer, Brent Schaefer, said. But Ramsey County prosecutors claimed Lee had his foot on the gas as he approached cars waiting at a red light.

The car was moving at between 70 and 90 mph when it struck two other vehicles. Javis Adams, 33, and his 10-year-old son, Javis Adams Jr., were killed instantly. Another passenger, 6-year-old Devyn Bolton, was left paraplegic. She testified in a wheelchair at Lee's trial and later died from her injuries.

Two mechanical engineers examined the car before trial on behalf of the state and the defense, Ramsey County Attorney Susan Gaertner said. Both concluded the brakes were operating and there were no problems with the acceleration, she said.

Although the throttle was found set open at 15 percent, which is unusual, the abnormality was attributed at the time to damage from the crash, she said.

"Bottom line, two experts -- one for each side -- said there was nothing wrong with the car," she said.
A jury convicted Lee of criminal vehicular homicide and he was sentenced to eight years in prison. But he continues to maintain his innocence. While the 1996 Camry is not part of Toyota's recall, the auto giant's recent actions have no doubt given him new hope of being set free.

On top of that, the relatives of the crash victims, who originally asked the judge to give Lee the maximum sentence, now support him. They're trying to get him released, and apparently now plan to sue Toyota.

And Lee's accident is just the first among a growing number of cases getting a second look since Toyota announced a recall, acknowledging that problems with sudden acceleration were more extensive than originally thought. Yeah, you think?