New trial for Minn. man in fatal Toyota crash; case reviewed in wake of acceleration troubles
By Martiga Lohn, APThursday, August 5, 2010
Minn. man gets new trial in fatal Toyota crash
ST. PAUL, Minn. — A Minnesota judge on Thursday ordered a new trial for a man sentenced to eight years in prison for a Toyota crash that killed three people, a case that received a new look in the wake of the carmaker’s widely publicized problems with sudden acceleration.
Koua Fong Lee, 32, of St. Paul jumped up and hugged his attorney after Ramsey County District Judge Joanne Smith said she had seen sufficient new evidence to warrant a new trial. Lee was to be freed later Thursday evening.
“I’m just happy that the judge made the right decision,” his wife, Panghoua Moua, said.
Lee had insisted at his trial that he tried to brake his 1996 Camry before it plowed into a car as he exited a St. Paul freeway in 2006. His case went back to court after Toyota acknowledged sudden acceleration trouble in newer-model Toyotas, even though Lee’s Camry hadn’t been recalled.
Lee’s attorneys had argued evidence backed up Lee’s account he was trying to brake. They also argued his defense attorney did a poor job. And they called a parade of witnesses who testified they had sudden-acceleration experiences in Toyotas similar to Lee’s.
The judge said if that testimony from the other Toyota drivers had been introduced at Lee’s trial, it would “more likely than not, or probably, or even almost certainly” have resulted in a different verdict for Lee.
Smith also said Lee’s limited English was a factor in her reaching her conclusion.
“There were multiple errors and omissions by his attorney that necessitate this result,” Smith said.
Prosecutors had opposed a new trial, saying there was no compelling new evidence. County attorney Susan Gaertner planned a news conference to comment later Thursday.
The judge’s decision capped a dramatic day in which Lee earlier rejected prosecutors’ offer to set him free and vacate his sentence. But the offer included several conditions, including a stayed remainder of his sentence that meant he could face prison for a new violation in the future.
“He’s innocent,” his attorney, Brent Schafer, told reporters in explaining Lee’s rejection.
Tags: Accidents, Minnesota, North America, St. Paul, United States