Defense expert for Minn. man seeking new trial after fatal crash disputes trial testimony

Expert disputes trial testimony about Toyota crash

ST. PAUL, Minn. — The Toyota Camry involved in a 2006 crash that killed three people had antilock brakes that would not have left skid marks at the crash scene, according to a defense witness who testified Tuesday at a hearing to determine whether the driver will receive a new trial.

Koua Fong Lee, 32, of St. Paul, is serving an eight-year prison sentence on multiple counts, including two criminal vehicular homicide convictions. He has insisted he tried to stop his car and requested a new trial after Toyota recalled millions of vehicles because of problems with sudden unintended acceleration.

Lee’s attorneys say his 1996 Camry — while it wasn’t part of the recall — may have experienced the same problem.

Tuesday’s testimony by forensic engineer Sam Sero contradicted testimony presented during Lee’s 2007 trial, when a witness for the prosecution told the jury Lee’s 1996 Camry did not have antilock brakes. Prosecutors said at the time that the absence of skid marks proved Lee was not braking.

But when shown a picture of Lee’s car on Tuesday, Sero used a laser pointer to show the court where the ABS system was located. With antilock brakes, he “wouldn’t expect to find any” skid marks, he said. One of Lee’s attorneys, Bob Hilliard, said the jury never heard that Lee’s car had antilock brakes.

Sero also contradicted earlier testimony about the sequence of events on the day of the crash, and he presented theories on the causes of sudden acceleration. Lee’s other attorney, Brent Schafer, said after the hearing that Sero’s testimony raises issues that should have been presented to the jury during Lee’s original trial.

“A lot of information … could have helped his case,” Schafer said. He and Hilliard are arguing Lee deserves a new trial because new evidence has emerged and Lee had an ineffective attorney the first time around.

Prosecutors argue the defense hasn’t come up with the kind of decisive new evidence Minnesota law requires for a new trial. Ramsey County District Judge Joanne Smith will decide after the hearing, which will resume Wednesday with more testimony from Sero and other experts.

Lee, a recent Hmong immigrant with only about a year of driving experience, was driving his family home from church on June 10, 2006, when their Camry zoomed up an Interstate 94 exit ramp in St. Paul. Police said it was traveling between 70 and 90 mph when it rear-ended an Oldsmobile stopped at a red light.

Javis Trice Adams, 33, and his 10-year-old son, Javis Adams Jr., died at the scene. Adams’ 6-year-old niece, Devyn Bolton, was paralyzed from the neck down and died shortly after Lee was convicted. Two others were severely injured.

Sero, of Pittsburgh, is a forensic engineering consultant who said he investigates accidents to figure out how they happen.

Prosecutor Mark Lystig questioned his credentials, asking whether he ever attended schooling for accident reconstruction or went to the scene of Lee’s crash. Sero replied no to both questions, saying he looked at photographs and other experts’ reports.

Sero told the court the sequence of the crash was important. He said evidence in photographs shows Lee first sideswiped a Solera before hitting the back of the Oldsmobile. Hilliard showed the court the original complaint, which supports Sero’s analysis. He said the jury never saw that information.

Lystig said four other experts, two of whom were at the scene immediately after the crash, said the Oldsmobile was struck first.

“So all these people are wrong?” Lystig asked Sero.

“Yes,” Sero replied.

Sero also looked at a picture of the left rear brake light of Lee’s car and concluded the brake light was on when Lee’s car hit the Solera, supporting Lee’s testimony that he tried to brake.