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Wednesday, August 25, 2010

Unraveling the Toyota way

Can you recall a subpoena?  Leave it to Toyota to issue one and then not follow through.  Apparently, the Koua Fong Lee case (see my 8/14/10 post) has gone well beyond a mere embarassment.  Toyota suddenly seems to be bumping into themselves by targeting Lee in an effort to take possession of his '96 Camry.  Problem is, of course, not everyone trusts Toyota, and even if they did, Lee doesn't have possession of the car.  Lee's attorney put it rather bluntly, saying "we just don't want Toyota looking at the car by themselves or having (sole) possession of it."

Federal grand jury proceedings, racketeering charges, a heretofore unexplained delay in reporting defective steering rods...  I understand, Toyota.  Its enough to make anyone a little edgy.

Update 8/26/10 - Internet complaint posts (tweets to followers, blog posts, etc.) re censorship are effective.  Facebook DID publish my wall reference to this blog post in Posts by Everyone.  First time ever for one of my Facebook entries re this blog.  Twitter, however - as of about 11:30 AM - is once again censoring my Toyota tweets from appearing in real-time.  Toyota can't stand the truth.

Update 8/27/10 - as of about 10:30 AM Twitter is continuing to censor references to this blog post from real-time. I also got a message from one of my followers that Twitter is preventing them from retweeting my tweets. Facebook - as of yesterday - is  finally starting to publish in real-time (Posts by Everyone) the entries I make on my home page. Gee. Maybe someone at Twitter is angry at Facebook.

Update 8/28/10 - about 4:00 PM Twitter finally backed off their censorship and published in real-time my tweet with a link to this blog post.

Saturday, August 14, 2010

Lee case an embarassment for Toyota

Amidst claims that Toyota's customers have been steppin' on the accelerator instead of the brake, along comes the troublesome case of Koua Fong Lee.  Wrongfully convicted of criminal vehicular homicide and sentenced to eight years in prison (see my 8/7/10 post), Lee has steadfastly maintained that he was hitting the brakes in a desperate effort to stop his Camry after it suddenly sped out of control resulting in the deaths of three people.  The keyword here is wrongfully, because after serving two and a half years, the charges were dropped, highlighting false testimony - that went unchallenged - and evidence that was witheld at Lee's trial.  'Tis the nature of these two items that sounds a sour note for Toyota's blame-the-customer bandwagon.

At Lee's trial, a mechanic testified falsely that Lee's car did not have anti-lock brakes, the existence of which would have offered an explanation for the absence of skid marks.  And Lee's attorney witheld a letter from Lee's insurance company confirming that the brake lights were engaged when the accident occurred.  Adding insult to injury, Lee's attorney sided with the prosecution in his closing statement to the jury, saying Lee probably stepped on the accelerator instead of the brake.  Sound familiar?  Its now clear that Lee's version of events was supported by the facts all along.  Hmmm... 

Just when the breeze seems to be blowin' in Toyota's favor, the case of Koua Fong Lee stands in stark contrast to claims of driver error.  It exposes facts that were supposed to stay hidden, along with the railroading of an immigrant.

Update 8/14/2010 - Facebook has censored this post from "Posts by Everyone" and Twitter has censored a tweet reference from real-time results.

Update 10/23/2010 - Koua has now filed a request to join a lawsuit against Toyota. http://www.twincities.com/news/ci_16412288?source=rss

Update 10/31/2010 - Koua's attorney says Toyota is liable:
http://www.lawyersandsettlements.com/articles/15283/interview-brent-schafer-law-firm-toyota.html

Saturday, August 7, 2010

Case of jailed Toyota driver affronts fairness

To begin with, it took nine months to file charges. Then there was the charge itself - vehicular homicide - which never did fit the facts of the case. Koua Fong Lee was returning home from church with his family when his Camry suddenly sped out of control on an exit ramp reaching speeds of 70-90 mph before crashing into another vehicle and resulting in the deaths of three people. Lee has steadfastly maintained that he repeatedly pressed the brake pedal but the car wouldn't stop, yet Lee's attorney (lest we forget, Lee is an immigrant who came to this country to escape dirt poor living conditions) sided with the prosecution by stating in his closing remarks to the jury that Lee probably mistook the accelerator for the brake.

Lee was found guilty, sentenced to a whopping eight years in prison, and would have remained quietly tucked away behind bars except for breaking news of sudden unintended acceleration in Toyotas. With a new lawyer, thousands registering support on a Facebook page, street protests, and mainstream media coverage, a hearing was held to determine if Lee should get a new trial. And that's where the story really gets interesting.

Lee's new attorney presented bombshell testimony showing that Lee's car had anti-lock brakes, accounting for the absence of skid marks. At Lee's "trial" there had been false testimony - by a city mechanic - stating that Lee's car did not have anti-lock brakes, and this testimony went unchallenged even though Lee's attorney had a letter from Lee's insurance company stating that the car's brake light was engaged. Sooo... with their opposition to a new trial smellin' worse than a kettle of rotten fish - and the case now making national headlines - the DA's office made a desperate, last ditch effort to dump the blame on Lee by offering to release him from prison if he would agree to drop his petition for a new trial and walk away a convicted felon. Talk about cheap shots. How many folks - with five and a half years of prison time to go - would have refused such an offer? If any, not many, and the prosecution knew it. But this time their victim had the courage of conviction - the sheer bravery - to turn down the offer, maintain his innocence, and proceed with his petition for a new trial. Applause, please, for Koua Fong Lee. Within hours - amidst a groundswell of public outrage over Lee's incarceration - the judge granted a new trial, the DA dismissed the charges declaring "this is over," and Lee was suddenly a free man with a clean record.

Well and good. But its awfully strange how a mechanic can get a major piece of evidence wrong regarding something as readily verifiable as whether or not a car has anti-lock brakes. Ditto for a defense that allowed this testimony to go unchallenged. And wouldn't it have been a cozy deal for Toyota if Lee could have been bullied into takin' the blame and walkin' away a convicted felon while the matter conveniently faded from public view? Koua's criminal case is over, but it raises troubling questions galore.

Update 8/9/2010 - FB has blocked my Toyota posts from Posts by Everyone, and this morning, Twitter is once again blocking my tweets from real-time results. A new Facebook page (Toyota's cars kill innocent people. Stand up for the truth), and exposure of  false testimony, witheld evidence, etc. in the Koua Fong Lee case is turning up the heat on Toyota. Activists should monitor real-time publications for dirty tricks style censorship. Don't be dupped just because posts appear on profile pages, etc.