'Toyota defense' could reverse criminal conviction

[whopis01]

Source: CNN

A man serving eight years for vehicular homicide because of a fatal crash involving his Toyota Camry is hoping for exoneration amid concerns over unintended acceleration in some of Toyota's vehicles.

Lee told investigators that he pumped the brakes as he exited I-94 in St. Paul, Minnesota, and approached an intersection, his lawyer, Brent Schaefer, said. But Ramsey County prosecutors claimed Lee had his foot on the gas as he approached cars waiting at a red light.

The car was moving at between 70 and 90 mph when it struck two other vehicles. Javis Adams, 33, and his 10-year-old son, Javis Adams Jr., were killed instantly. Another passenger, 6-year-old Devyn Bolton, was left paraplegic. She testified in a wheelchair at Lee's trial and later died form her injuries.

Although the throttle was found set open at 15 percent, which is unusual, the abnormality was attributed at the time to damage from the crash, she said.

Read more: http://www.cnn.com/2010/CRIME/03/02/toyota.recall.appeal/index.html?hpt=C1

[OKNancy]

1. The family supports Lee

Relatives of the victims, who asked the judge to give him the maximum sentence, now support him, said Bob Hilliard, a Texas lawyer who is preparing a lawsuit against Toyota on the family's behalf.
"I am passionate about getting him out and suing Toyota," Hilliard told CNN. He said the family feels "betrayed" by the evidence that led to Lee's conviction.
"It was all smoke and mirrors," Hilliard said.
"I hope to get to the bottom of it and find the truth," Quincy Adams, who survived the crash but lost his son, told KARE. "I feel that the boy is innocent."

[Rebubula]

3. Of course they are...

...'I am passionate about getting him out and suing Toyota'

That says it all there....

I am not saying that this is NOT an example of Toyota's problem, but the family now has something with deep pockets to sue.

Older Model Toyota, VERY New driver and the possibility of stepping on gas instead of brake - could have been driver error. However, 8 years for this when drunks kill people EVERY FREAKING DAY and get off with a slap on the wrist is insane.

[whopis01]

5. Where did you get that he was a "VERY New driver"?

I didn't see that mentioned in the article at all (unless I just keep missing it, which may be a possibility)


As far as what actually happened, I doubt the actual truth will likely never be known. But it certainly does put enough reasonable doubt that a criminal conviction should get thrown out at this point.

Whether they are actually at fault or not in this case, I think Toyota is going to end up being held responsible for it.

I wonder if he (Lee) will end up with a case against Toyota over this.

[Rebubula]

6. Other outlets

http://www.cbsnews.com/stories/2010/02/25/national/main6242192.shtml


Driving for less than a year and just immigrated to the US


Again, I think that all parties will end up with a paycheck when the dust settles...regardless of reality

[Zoeisright]

7. Uh huh. SURE, the big corporation is INNOCENT.

I sure as hell would sue the fuck out of Toyota if I were that guy.

And 'just immigrated to the US' doesn't have a fucking thing to do with it. How stupid.

[Rebubula]

8. Uncivil

That seems to be your Modus Operandi as I have seen your angry and virulent responses on many other threads. I will remain civil regardless.

My point was that there are MANY factors to this case. The driver in this case was driving a vehicle made well before the recall issue appeared - if that is the case, how is this Toyota's fault? He had only been driving for about a year and very well could have made the mistake - inexperienced drivers make many mistakes. The reason for the recent immigrant statement is that driving a car at high speed is rare in many Asian countries (he is from Laos) and getting used to big city driving takes some time.

Perhaps Toyota is at fault - perhaps not. Neither of us will ever know.

My main point is regardless of where the blame lies, this man should have NEVER been sentenced to 8 years in prison for a mistake.

[zbdent]

2. did Toyota get its car software from

Diebold? Inquiring minds want to know ...

[Rebubula]

4. So not funny

What a douchey joke to make considering many people including a child was killed in this wreck.

[zbdent]

9. neither is your implication that the family has changed their mind just because

"there's deep pockets" to be picked ...

but you went and made it anyway ...

nice assumption of yours ...

[Rebubula]

10. Considering...

...that the father said 'I am passionate about getting him out and suing Toyota' - I can be forgiven for some assumptions.

You simply made a political joke at the expense of dead children.

Again...the car was made well before the problems were seen (major changes were made after the driver's car was made) and the driver was very inexperienced. Unless someone can prove that his vehicle had a flaw - I still say this is a horrible accident. Moreover, the 8 year sentence is beyond the pale. This was, at the worst (and in my limited knowledge), a tragic accident that destroyed two families.

[OKNancy]

11. The father didn't say that.

The lawyer for Lee said it. He may be expressing the family's thoughts however.