Lawyer: Stuck Throttle Found in Car of Imprisoned Toyota Driver

Apr. 21, 2010 — -- The lawyer for a Toyota owner serving an eight-year prison sentence for vehicular homicide says a new inspection of his car found a possible fault in the car's cruise control that may have jammed the throttle into an open position.

"There is enough evidence now to support a new trial," said Robert Hilliard, the lawyer for Koua Fong Lee, 32, of St. Paul, Minnesota, who was convicted following a 2006 accident that killed three people when his car slammed into a vehicle at a stop sign.

"If the cruise control was working properly, it would allow the brakes to take over and the car to stop," said Hilliard.

At the trial, Lee insisted his Toyota, a 1996 Camry, suddenly sped out of control and that he was pumping the brakes up until the point of impact.

"We see a mechanical device that appears to stick open and therefore keeps the throttle from closing," attorney Bob Hilliard told ABCNews.com following an inspection of the car yesterday by experts hired for him.

Experts for the Minnesota county prosecutor who brought the case were also present for the inspection Tuesday but have not yet indicated whether they agree with the findings of Lee's experts.

A spokesperson for the Ramsey County Attorney's office said prosecutors will not comment until they receive a report from their expert, which could take weeks. The office will hold a press conference Wednesday afternoon to discuss their handling of the case. The inspection continued Wednesday.

Hilliard says his experts also found evidence from the brake light filaments that a "braking event" was occurring at the time of the collision. "It means that Mr. Lee had his foot on the brake as he testified," said Hilliard.

Hilliard says an inspection by insurance company engineers in 2006 reported similar evidence that "the vehicle was engaged in a braking maneuver at the time of the crash."

The prosecution maintained Lee had mistakenly pressed the accelerator pedal instead of the brake.