In a pioneering move, a Florida judge recently approved the use of a virtual reality simulation as evidence in an aggravated assault case, marking what could be a first in any criminal courtroom in the United States. This development was reported by a local TV news station in Ft. Lauderdale.
The case revolves around Miguel Albisu, proprietor of a wedding venue in Florida, who found himself in legal trouble over charges of aggravated assault with a deadly weapon. The accusation stems from an alleged incident where Albisu reportedly brandished a firearm at guests during a quarrel. The backdrop to this event includes an apparent assault on Albisu’s wife and son at the venue, leading to his wife’s wrist injury. Consequently, Albisu was summoned to the scene.
The crux of the case is whether Albisu’s actions, which involved threatening attendees with a gun, were a legitimate form of self-defense as per Florida’s Stand-Your-Ground laws.
Leading the defense, attorney Ken Padowitz took a novel approach by hiring an artist to create a VR simulation of the incident, specifically designed for the Oculus Quest 2. Broward County Judge Andrew Siegel granted permission for this simulation to be used during the trial, with the intention of offering those present in the court a view from Albisu’s eyes.
“We fitted headsets on the judge, the prosecutors, and the witness, allowing them to experience what my client faced—seeing through his eyes when he was encircled by inebriated guests,” Padowitz explained to WPLG. “They accosted him, prompting him to believe he had to draw his weapon in defense of himself and his property.”
Florida news station Local10 even broadcast footage from the courtroom last December, capturing the moment when the judge and other courtroom figures engaged with the animation.
While this isn’t the maiden instance of animated simulations being accepted in court, it’s reportedly the first utilizing virtual reality technology. Padowitz, who has a history with using animation as evidence since his time as a prosecutor in 1992, expressed pride in this legal milestone.
“Given our advancements since 1992, we’re now at a point where our capabilities vastly surpass those early days,” Padowitz shared with WPLG. “Today, not only did we present the judge with a computerized recreation of the events leading up to my client resorting to self-defense, but we also introduced this scenario in virtual reality.”
The VR evidence was submitted during a pre-trial hearing where the judge is set to decide if the case should be dismissed or proceed to a jury trial. Should it advance, the trial proceedings are scheduled to continue in February.
