And while Bartlett agreed the left rear light was broken as a result of the accident, he said: "The deformation of the left bulb does not give any indication about the brake status..." nor does it "... indicate whether the driver's foot was on the brake and pressing intentionally, or the pedal was actuated by some other means..."
Hilliard rejects their explanation of the broken filament saying, "They speculate he was just pushing the accelerator and that the brake lights just got turned on by themselves." Hilliard goes on to say, "They have discovered a new defect in the Toyota; Sudden Unintended Braking."
"It's a tragic case all the way around," said Carruthers of the Ramsey County Attorney's office. "We try to be open to re-examine cases and to be as thoughtful and careful and objective as possible with the idea of reaching the truth."
With the vehicle inspection reports from both sides submitted, the County Attorney's office must respond to Lee's request for a new trial on Wednesday. Then it will be up to Judge Joanne Smith to decide if a new trial will be granted.