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How would you feel if you spent a couple years in jail because of your Toyota?

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Koua Fong Lee, Toyota Defense Driver, Will Go Free



ST. PAUL, Minn. — A Minnesota man who spent more than 2 1/2 years in prison for a fatal Toyota crash walked free Thursday, after a judge ordered a new trial and a prosecutor said she wouldn't prolong the case reopened in the wake of the carmaker's widely publicized sudden acceleration problems.

Koua Fong Lee, 32, of St. Paul, jumped up and hugged his attorney after Ramsey County District Judge Joanne Smith said she had seen enough new evidence to warrant a retrial. Soon after, county attorney Susan Gaertner said there wouldn't be one.

"I think it's time to bring this very sad situation to a close," Gaertner said.

Lee blinked back tears as he spoke to reporters inside a downtown St. Paul hotel not far from the courthouse. His wife, Panghoua Moua, buried her head in his shoulder.

"It's not a dream. It's true," he said. "When we are asleep in the cell, sometimes I dream and I wake up in the little room, still in the little room. But now my dream come true."

The couple have four children ranging in age from 2 1/2 to 8. Moua told reporters before she was reunited with her husband that the youngest two barely know their father.

"I want to know them, who I am, I am their daddy," Lee said.

Lee was convicted of charges including criminal vehicular homicide in the 2006 crash. A recent Hmong immigrant with only about a year of driving experience, he was exiting a freeway ramp in St. Paul when his 1996 Camry plowed into the back of an Oldsmobile stopped at a red light.

Lee's car was traveling somewhere between 70 and 90 mph. He insisted at trial that he was trying to brake before the collision, but was convicted. Smith, who presided over that trial, sentenced him to the maximum eight years.


His case received a new look after Toyota acknowledged sudden acceleration trouble in newer-model Toyotas, even though Lee's Camry hadn't been recalled.

Over four days of testimony this week, Lee's attorneys didn't prove his car had a sudden acceleration problem. But they 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.

Smith said if that testimony from the other Toyota drivers had been introduced at his 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 conclusion, as well as the work of his defense attorney, who suggested to the jury that Lee might have stepped on the accelerator.

"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. But after Smith ruled Thursday, Gaertner said the ineffective counsel was a compelling reason not to try the case again.

"He's walking out of jail tonight and will have no retrial," Gaertner said. "This is it."

Lee's release capped a dramatic day during which he earlier rejected prosecutors' offer to set him free and vacate his sentence. But that offer had included several conditions, including a stayed remainder of his sentence that meant he could face prison for a new violation in the future.

Javis Trice Adams, 33, and his 10-year-old son, Javis Adams Jr., died in the 2006 accident. Adams' 6-year-old niece, Devyn Bolton, was paralyzed from the neck down and died shortly after Lee was convicted. Two others were badly hurt.

Bridgette Trice, Devyn Bolton's mother, welcomed the judge's ruling. The victim's families had supported Lee's effort for a new trial, but Trice was crying outside the courthouse as she spoke to reporters.

"I'm happy for him but I'm still sad for us, cause he's going back to his but ours are never coming back to us," Trice said.

Lee said he wanted the families to know he never intended to cause the accident.

"I want them to know that I will pray for them and I also want to ask them to forgive me and to believe me," he said.

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Hi Jeanne,

Since I have owned numerous Toyotas I have followed this story.

To me this is telling: 'with only about a year of driving experience,'

We all have our thoughts on this but, for me, this guy simply was pressing on the gas pedal & thinking it was the brake pedal.

YMMV,

JerryBaumchen

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Hi Jeanne,

Since I have owned numerous Toyotas I have followed this story.

To me this is telling: 'with only about a year of driving experience,'

We all have our thoughts on this but, for me, this guy simply was pressing on the gas pedal & thinking it was the brake pedal.

YMMV,

JerryBaumchen



Right , but even after a couple minutes most people have mastered which pedal is the fuel and which is the brake. I think the one right after your quote is even more telling.

Quote

Over four days of testimony this week, Lee's attorneys didn't prove his car had a sudden acceleration problem. But they 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.

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And they called a parade of witnesses who testified they had sudden-acceleration experiences in Toyotas similar to Lee's.



a parade of well paid idiots is most likely......was a 06 Camry fly by wire?

stoopid throttle cables must be replaced they failed soooo often......


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Why must we dredge up the Sudden Acceleration Myth every 15 years?
The cause is still the same as the last two iterations;
People going into a panic and stomping the wrong pedal.
"There are only three things of value: younger women, faster airplanes, and bigger crocodiles" - Arthur Jones.

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Why must we dredge up the Sudden Acceleration Myth every 15 years?
The cause is still the same as the last two iterations;
People going into a panic and stomping the wrong pedal.



Could it be . . . maybe . . . that the manufacturer admited there was an issue?:D
I'm not usually into the whole 3-way thing, but you got me a little excited with that. - Skymama
BTR #1 / OTB^5 Official #2 / Hellfish #408 / VSCR #108/Tortuga/Orfun

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Why must we dredge up the Sudden Acceleration Myth every 15 years?
The cause is still the same as the last two iterations;
People going into a panic and stomping the wrong pedal.



NHTSA seems to agree:
Quote

NHTSA has received more than 3,000 complaints of sudden acceleration in Toyotas and Lexuses, including some dating to early last decade, according to a report the agency compiled in March. The incidents include 75 fatal crashes involving 93 deaths.

However, NHTSA has been able to verify that only one of those fatal crashes was caused by a problem with the vehicle, according to information the agency provided to the National Academy of Sciences. That accident last Aug. 28, which killed a California highway patrolman and three passengers in a Lexus, was traced to a floor mat that trapped the gas pedal in the depressed position.

Toyota has since recalled more than eight million cars globally to fix floor mats and sticky accelerators.

The NHTSA spokeswoman said the agency wouldn't comment on its Toyota probe until a broader study is completed in conjunction with NASA, which is expected to take months.

Daniel Smith, NHTSA's associate administrator for enforcement, told a panel of the National Academy of Sciences last month that the agency's sudden-acceleration probe had yet to find any car defects beyond those identified by the company: pedals entrapped by floor mats, and accelerator pedals that are slow to return to idle.

"In spite of our investigations, we have not actually been able yet to find a defect" in electronic throttle-control systems, Mr. Smith told the scientific panel, which is looking into potential causes of sudden acceleration.


Mike
I love you, Shannon and Jim.
POPS 9708 , SCR 14706

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Why must we dredge up the Sudden Acceleration Myth every 15 years?
The cause is still the same as the last two iterations;
People going into a panic and stomping the wrong pedal.

Why I've driven all my life (42 yrs. of driving) w/ both feet. One on the gas and one on the brake. Except the occasional manny tranny. Kinda like my skydiving training. One handle per hand for EP's.
I hold it true, whate'er befall;
I feel it, when I sorrow most;
'Tis better to have loved and lost
Than never to have loved at all.

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I had that problem once. In a Chevrolet. Amazing that I managed to figure out how to put the other foot on the brake pedal and not kill anybody else considering I had less than a year of driving experience at the time.

Strangely enough, I bought another Chevy after that...

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>Right , but even after a couple minutes most people have mastered
>which pedal is the fuel and which is the brake.

Apparently not:

===========
The Wall Street Journal reported on February 25, 2010 that "safety regulators, human-error experts and auto makers say driver error is the primary cause of sudden acceleration." Regarding the 2009-10 Toyota recalls, Ward's Auto noted that NHTSA investigations over past years have found that the majority of sudden unintended acceleration cases are due to driver error. In such cases, accidents are the result of drivers mistakenly stepping on the gas pedal instead of the brake. On November 29, 2009, the Los Angeles Times quoted a motor skills consultant stating that the fault in sudden acceleration cases "almost always lies with drivers who step on the wrong pedal."
===========
Autospeed , Issue 107

It is not uncommon for someone to claim that their vehicle experienced an "unanticipated acceleration" or "sudden acceleration" (S/A). Despite having looked at many cars thusly accused, I have yet to personally find support for such claims. Though one German car maker may come to mind as a result of much bad publicity about this issue in the 80's, an internet search on the words "sudden" and "acceleration" will bring up pages alleging the problem has occurred in vehicles manufactured by virtually all the major manufacturers.

. . .

Most S/A cases I've had were "from a stop" in which "the car just roared to life and took off," which is the most commonly reported scenario. Usually, the driver is sure they were on the brake, but the car just kept going. "The harder I pressed on the brake pedal the faster it went." Yes, I have actually had people say that to me. Sometimes they say the shifter jumped into gear, as well. I've never found a problem with the brakes, the shifter, or the throttle in any of these cars, but not for lack of trying.

Thus the issue of "pedal error" looms large. Despite the insistence of some people in the field that "nobody could possibly goof that badly," I have personally documented three cases where that is exactly what happened, using the data recorded by the airbag module. Two of them were normal passenger vehicles, and one was a hand-control-equipped handicap van, in which the driver insisted he had pushed the lever forward (brake) but instead got full throttle. The data recorder in all cases showed full throttle with no braking in the seconds leading to the collision. See my CDR page (mfes.com/cdr.html) for more info on this system. One can also click HERE to read the NTSB report on the July 16, 2003 foray of 86-year-old George Russell Weller through a farmer's market in Santa Monica, California. He stepped on the wrong pedal after a mild rear-end collision and veered down a closed street killing 10 people and injuring 63 more. In October 2006, he was convicted of 10 felony counts of vehicular manslaughter.
=======================

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>stoopid throttle cables must be replaced they failed soooo often......

?? Many modern cars don't have mechanical throttles. Putting a throttle cable in "to be like the old days" would be akin to putting a diaper on your reserve. Hey, they made rounds more reliable . . .

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I'm not convinced he didn't just step on the wrong pedal - a relatively easy thing for a newbie to do by accident. But I *do* think that going to jail for a mistake that seems to boil down to being a new driver is a bit harsh - even given the hugeness of its impact.
"There is no problem so bad you can't make it worse."
- Chris Hadfield
« Sors le martinet et flagelle toi indigne contrôleuse de gestion. »
- my boss

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He didn't spend time in jail because of his Toyota. He spent time in jail because he was driving a vehicle that caused an accident in which several people died and he was found to be at fault.
He was recently released from jail because a judge found that there was sufficient evidence to have a retrial and the prosecutor has decided not to pursue the case any further.
HAMMER:
Originally employed as a weapon of war, the hammer nowadays is used as a
kind of divining rod to locate the most expensive parts adjacent the
object we are trying to hit.

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I had that problem once. In a Chevrolet. Amazing that I managed to figure out how to put the other foot on the brake pedal and not kill anybody else considering I had less than a year of driving experience at the time.

Strangely enough, I bought another Chevy after that...



Same thing happened to me when I was 17 with the old man's 445 4bbl Buick Wildcat.
A motor mount broke, allowing the engine to twist in the engine bay.
Because it had a rod linkage, the movement of the engine pulled the throttle wide open.
I applied the brakes to slow it down, turned off the key, and heard the engine "thump" back into place.
Then I restarted it and gently drove it home.

Bottom line, there are always three ways to stop a car:

1. The brakes of any production car are more powerful than the engine.

2. Every car has an ignition switch.

3a. An automatic transmission car can be put into neutral.
3b. A manual transmission car has a clutch that can be depressed.
"There are only three things of value: younger women, faster airplanes, and bigger crocodiles" - Arthur Jones.

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My dad experienced stuck throttle in a sixties vintage Buick. Motor mount failed, causing the engine to torque roll onto the throttle linkage, causing a full open throttle condition.

Early 70's Fords had a problem of slipping from Park into Reverse while idling, often with no one in the car. I personally jumped in and stopped a runaway Ford once in which this had happened.

It does happen, but often people just push the wrong pedal. Just like they pull the wrong thing in our sport.

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My dad experienced stuck throttle in a sixties vintage Buick. Motor mount failed, causing the engine to torque roll onto the throttle linkage, causing a full open throttle condition.



Yes, I wanted to tell our Dad about the broken mount, but I was afraid he would blame me for breaking it.:$
"There are only three things of value: younger women, faster airplanes, and bigger crocodiles" - Arthur Jones.

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I had the pedel in my A4 stick in the down position on two occassions. A little 4 cycl turbo will gain speed FAST!

The cause was a crappy floor mat my Grammie got me that had my name on it. Sorry Grammie, that mat went to the landfill after the second time!:D

Scared me, but I kept a cool head and kick the pedal up and the mat away. If that didn't work I would have dropped the auto in nuetral, pulled onto the shoulder and braked. Then killed the engine so it wouldn't over rev.

The cause of these accidents weren't sticky gas pedals, they were sticky brains. We see it in skydivers all the time, panic and freeze. Adrenaline and pulse goes up, and cognitive thinking goes down down down.

Too bad we had to drag a company through the mud because of operator error, but I think that had a political motivation behind it. Mob mentality to boot! Seems we don't lynch young black boys without trial like we used to back in our darker days. Now the public and their bull dog congressional representatives go after companies and their shareholders instead.:S

"The restraining order says you're only allowed to touch me in freefall"
=P

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Hi Belgian,

Quote

he was driving a vehicle that caused an accident



I could NOT disagree more.

He was simply an incompetent driver; they are all around us. :S

JerryBaumchen

PS) Back in the late '50's I was driving my brother's 1950 Oldsmobile convertible when the throttle stuck wide open, I merely reached down & turned the key off & then corrected the problem.

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Hi Belgian,

Quote

he was driving a vehicle that caused an accident



I could NOT disagree more.

He was simply an incompetent driver; they are all around us. :S

JerryBaumchen

PS) Back in the late '50's I was driving my brother's 1950 Oldsmobile convertible when the throttle stuck wide open, I merely reached down & turned the key off & then corrected the problem.


Thanks for the reply. After re-reading my post i see it sounds as though I blame the car.
I would edit the post if i could but it is too late. Instead of saying the vehicle caused the accident I should have written that the vehicle was involved in an accident...and he was driving. Personally, I think the car did exactly what his inputs instructed it to do. He just happened to be pushing the wrong pedal.
HAMMER:
Originally employed as a weapon of war, the hammer nowadays is used as a
kind of divining rod to locate the most expensive parts adjacent the
object we are trying to hit.

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After looking through this thread real quick, I am surprised that you guys have not noticed an important detail from the accident investigation.

The brake lamp filaments

For decades, lamp filaments have been looked at during accident investigations to determine if a lamp was illumiated at the moment of collision. The reason is when the filament is hot when illumiated, it will stretch in the direction of travel at impact.

I have read in a news article this week that the brake lamp bulbs showed that they were illumiated at impact.

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All that proves is that the brake lamp was illuminated.

It doesn't rule out excessive speed and a last minute brake application that is too little to late. Doesn't rule out that he was depressing the gas and brakes.
"The restraining order says you're only allowed to touch me in freefall"
=P

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Next time I get pulled over for speeding, I'm using the S/A defense.

Here's what you do...
When the blue flashies come on, lightly press the brake so the lights come on and STOMP on the accelerator at the same time.

It ....just....might....work.
My reality and yours are quite different.
I think we're all Bozos on this bus.
Falcon5232, SCS8170, SCSA353, POPS9398, DS239

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>stoopid throttle cables must be replaced they failed soooo often......

?? Many modern cars don't have mechanical throttles. Putting a throttle cable in "to be like the old days" would be akin to putting a diaper on your reserve. Hey, they made rounds more reliable . . .



Most new cars use fly by wire instead of a mechanical linkage, over engineering IMHO....but cant tell a engineer that....or anything....


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