‘Toyota Defense’ Raised in Plea for New Trial in Vehicular Homicide Case

Bolstered by recalls of Toyota vehicles for sudden acceleration, defense attorneys are seeking a new trial for a man serving eight years for killing two people in a car accident in St. Paul, Minn., The Washington Post reports.

The jury and even Koua Fong Lee’s original lawyer believed he had hit the gas instead of the brakes while driving home from church one morning, causing him to plough into another car at 70 to 90 miles per hour, despite Lee’s claims that he had stepped on the brakes.

This week, his current attorneys are arguing his 1996 Camry was defective, and that if he had been represented by a better lawyer, he never would have been convicted.

The defense has presented testimony and affidavits from 10 other owners of the same model who said they experienced unintended sudden acceleration while driving.

The prosecution opposes granting a new trial, saying that the number of drivers who claim they were  the victims of unintended acceleration is statistically insignificant. More than than 350,0000 1996 Camrys were sold, but only 10 drivers complained the vehicles ran away from them.

They also point out that Lee was an inexperienced driver.

“The most rational explanation for the cause of the crash was that offered at trial: He was accelerating at the time of the collision because he was pressing the accelerator,” prosecutors wrote to the judge.

The prosecution is also leaning on the 1988 findings of three experts retained by the National Highway Traffic Safety Administration to examine claims of sudden acceleration. The experts, who also worked as consultants for the auto industry, found ”pedal misapplication” to be the major cause of sudden acceleration.

The findings have shaped the way sudden acceleration probes are handled, but under pressure from Congress NHTSA is reexamining the issue.

Toyota declined to comment on the case.

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