Jailed man seeks new trial using ‘Toyota’ defence

Discussion in 'Current Events' started by Surely, Feb 26, 2010.

  1. Guest

    Surely

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    #1
    http://www.wheels.ca/newsFeatures/article/784680

    An excerpt:

    Really unbelievable. It will be interesting to see how this case unfolds.
     
  2. macrumors 68020

    niuniu

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    #2
    Well prima facie the facts fit his original plea and story. He really could be innocent.
     
  3. thread starter Guest

    Surely

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    #3
    I know. Which would mean that the last few years of his life have been wasted in jail. Which means he wasn't able to be around to help raise his daughter or his soon-to-be-born baby (his wife was pregnant at the time of the accident).
     
  4. macrumors Penryn

    rdowns

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    #4
    Gotta love America.

    Relatives of the victims — who condemned Lee at his sentencing three years ago — now believe he is innocent and are planning to sue Toyota.
     
  5. macrumors 68020

    niuniu

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    #5
    Pretty crazy when you think of it like that, and how many other miscarriages of justice there might be out there. Even guys on death row who could be innocent but look guilty as hell because of some obscure hidden circumstance that is barely discoverable.

    Well if he is innocent, I hope he gets Big damages to get his life back on track.
     
  6. thread starter Guest

    Surely

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    #6
    ^^^^ I believe that would depend on State law.


    Well..... you can't really blame them for condemning him at the trial. Not really an 'America' thing either.....

    At the time, Toyota was perfect. They probably just assumed (fairly or unfairly) that the guy would say anything to distance himself from responsibility.
     
  7. macrumors G5

    Sun Baked

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    #7
    Problem is that people have been known to stomp on the WRONG pedal in this situation, when the engine races this is generally the conclusion.

    Some of the Toyotas where people did actually step on the brakes to slow the car against a runaway engine did experience brake damage. Though this usually won't occur on a short stretch, or unless you keep your foot on the brake after you superheat the brakes at a light.

    ---

    However, he only needs reasonable doubt these days if he can swing a new trial for the criminal ... suing Toyota is likely a tougher nut to crack, and without enough evidence, rather tough.

    Especially if that model is the traditional version with a cable attaching directly to the throttle body.
     
  8. macrumors 65816

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    #8
    Pretty scary to think this guy may not have been at fault, but has been spending time in jail regardless.
     
  9. macrumors Penryn

    rdowns

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    #9
    Agreed. It's the main reason I am against the death penalty.
     
  10. macrumors 65816

    MarkCollette

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    #10
    Same here, unless they plead guilty, and say they'll re-offend.
     
  11. macrumors G5

    Sun Baked

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    #11
    At least they kept the car in storage in this case, and never had anyone but the city mechanic inspect it.

    So even through it is the old style cable controlled throttle body car ... he still has a chance.
     
  12. macrumors 6502a

    pukifloyd

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    #12
    wow...unbelievable...i hope he gets fair trial...
     
  13. Guest

    garybUK

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    #13
    If this is the case and the guy is found innocent and Toyota at fault, shouldn't one of the Toyota's senior people face a gaol term? seeing as this outcome was good for one, why not another? if the problem was known about and not dealt with safely, the Toyota CEO should face a gaol term!
     
  14. thread starter Guest

    Surely

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    #14
    You mean "jail" when you say "gaol", right? Just checking.....
     
  15. macrumors G5

    yg17

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    #15
    Yes. It's the British spelling.
     
  16. thread starter Guest

    Surely

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    #16
    Wow. Learn something new every day.....

    I figured I would have know that, growing up in Canada. But I guess we didn't adopt everything British......
     
  17. macrumors G4

    Eraserhead

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    #17
    I don't think so, we use jail. gaol is an old spelling.
     
  18. macrumors G5

    yg17

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    #18
    Of course not. You don't drive on the wrong side of the road up there ;)

    With regards to the case, 8 years for an accident, even with 3 deaths, seems a bit much, no? Jail is about punishment, rehabilitation and a deterrent. This guy isn't a killer, he's not a violent person, it definitely was not premeditated, he's not going to get out of jail and go ram his car at high speed into another one. A year and some probation would be fine, but 8 years isn't doing anybody any good.
     
  19. macrumors Penryn

    Abstract

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    #19
    I don't. This isn't proof that anything was wrong with HIS car at the time. He could have stepped on the wrong pedal. It's more likely, IMO.

    He was found guilty with the evidence available at the time. Just because new evidence arises over time, does not mean that someone (who may be) wrongfully) sentenced to jail should be able to sue.
     
  20. macrumors 604

    thejadedmonkey

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    #20
    No, but if Toyota knew about the problem 8 years ago, and he is found innocent this time around, Toyota could be in hot(ter) water. Actually, if he's found innocent this time around, Toyota could be in hot water simply because they knew about it and did nothing - thus wasting some of his life.
     
  21. macrumors G5

    gnasher729

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    #21
    His car was a Toyota built in 1996. That car was built 14 years ago. What are the chances that whatever is responsible for Toyotas problems was already present in a car built 14 years ago, and nobody else ever complained about it? Do you think any Toyota owner should now be able to drive as reckless as they want, and if anything happens they can blame it on malfunctioning brakes?

    And it is obvious that the relatives of the victims would rather that the fault lies with a company with deep pockets than with some penniless man who would never be able to pay any damages.
     
  22. macrumors 6502a

    Erendiox

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    #22
    I agree with this. Toyota's manufacturing defect has only been a problem with recent models.

    It's ridiculous to think that if a company is having some safety problems, it suddenly makes all the cars they ever made unsafe. This guy doesn't have a ledge to stand on in my opinion.
     
  23. macrumors 65816

    pvmacguy

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    #23
    He'll probably get his sentencing repealed. But when we gets to suing toyota he will be brutalized.
     
  24. macrumors 68030

    BlizzardBomb

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    #24
    I've never heard of that spelling before so it's just plain jail.
     
  25. Guest

    garybUK

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    #25
    Gaol = British, Jail = American, you live in England therfore it's Gaol. We were taught this in school :)
     

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