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Rupa Shenoy
St. Paul, Minn.

Prosecutors oppose retrial in fatal Toyota crash

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The Ramsey County Attorney's Office Wednesday asked a judge to deny Koua Fong Lee's request for a new trial.

Lee was convicted of criminal homicide after his Toyota Camry hit another car in 2006, killing three people.

His lawyer hired inspectors who found evidence that Lee tried to brake before the accident, but the car accelerated anyway. Lee's attorney is asking for another trial based on that evidence.

But Ramsey County Attorney Susan Gaertner says two experts working for her office found no evidence of unintended acceleration.

"We have taken extraordinary steps to find the truth," Gaertner said. "I have had a completely open mind about this case from the beginning.

"I feel sympathy for Mr. Lee, but the day the criminal justice system makes decisions based on sympathy the criminal justice would no longer be with justice," she said.

Lee's attorney said he isn't surprised by the county experts' findings. He said he'll continue with his plans for Lee's defense.