"The State has an opportunity to not only do the right thing but follow the evidence and do the right thing," insisted Hilliard. "This is a guy who spends every single night in a jail cell away from his kids that he shouldn't have to."
Koua Fong Lee was returning from church with his family on the day of the accident. In an exclusive interview with ABC News in February, Lee claimed that nothing happened when he stepped on the brakes. "And I yelled to my family," said Lee, "'The brakes not working, brakes not working!'" Lee's Camry crashed into an Oldsmobile, killing driver Javis Adams and his 10-year-old son. Another passenger in the Oldsmobile, Adams' seven-year-old niece Devyn Bolton, was left quadriplegic and died a year-and-a-half later.
The 1996 Camry was the subject of a recall because of "unintended acceleration" caused by a flaw in the cruise control ten years prior to the accident. The fact of the recall was not presented at Lee's original trial.
The National Highway Traffic Safety Administration (NHTSA) has received more than 17 complaints from owners of other 1996 Camrys alleging defects that led to sudden acceleration. Lee's lawyer says they have 13 affidavits from other 1996 Camry owners describing sudden acceleration events that are similar to Lee's.