Topic: Jailed man now free in Toyota crash case

[MKII]

Jailed man now free in Toyota crash case
http://www.canadiandriver.com/2010/08/09/jailed-man-now-free-in-toyota-crash-case.htm

St. Paul, Minnesota – A man sentenced to eight years in prison for a crash that killed three people has been set free on the grounds that his Toyota Camry was at fault. Koua Fong Lee of Minnesota has already served two and a half years of his sentence.

Ramsey County District Court Judge Joanne Smith said that new evidence supports his innocence, following a four-day hearing. Ramsey County Attorney Susan Gaertner said prosecutors will not seek a new trial.

Lee was driving his 1996 Camry in June 2006 when it accelerated and crashed into another car as he was exiting a freeway ramp, killing a 33-year-old man and two children. Lee was convicted of criminal vehicular homicide in October 2007 and sentenced to eight years in prison.

At the recent hearing, attorneys argued that an inspection of Lee’s vehicle found a cable actuator in the cruise control mechanism that is still stuck in the open position, which would have caused the car to accelerate. The attorneys said that once the mechanism is stuck, the vehicle’s brakes are unable to slow the car. Eleven owners of similar Toyota models testified that they had experienced the same sudden, unintentional acceleration in their cars, and the U.S. National Highway Traffic Safety Administration (NHTSA) has received numerous reports of sudden acceleration in older Toyota vehicles.

Attorney Robert Hilliard said that Toyotas made prior to 2003 and equipped with cruise control are in danger of the cable defect, which only shows up over time. “The recent media storm over Toyota vehicles is focused on electronic problems in newer vehicles,” Hilliard said. “But the dirty little secret is that a deadly defect in older Toyotas has been around for years, and folks may know nothing about it until it’s too late.”

Hilliard said that prosecutors in at least three states are reevaluating cases of fatal crashes involving older Toyotas, and the arguments used in Lee’s case could help in those cases.

[Juke1]

In all fairness, this is unrelated to the present UA problem.  Camry's of that era had cables.

[wing]

Yes but had it been a Honda would this person still be behind bars?

[MKII]

Toyota spokesman Mike Michels noted Lee’s Toyota had a mechanical throttle cable, not an electronic throttle control and was not subject to any related recall.

Toyota representatives inspected the vehicle and their findings differed from those of the defense’s inspection, Michels added

[Juke1]

Yes but had it been a Honda would this person still be behind bars?

He he, no doubt it saved him to a point.

[CatsEye68]

Yes but had it been a Honda would this person still be behind bars?

Of course, because everyone on the interweb knows that all Hondas are perfect and run forever with no need for maintenance or repair.

[rrocket]

Yes but had it been a Honda would this person still be behind bars?

Of course, because everyone on the interweb knows that all Hondas are perfect and run forever with no need for maintenance or repair.

Even though the car he was driving was never a part of the recall/UA hysteria.

[Juke1]

With a Honda you could always end up going left left left, pray there's no cliff or rock wall