In a landmark decision, a Florida judge has permitted virtual reality simulations to be presented as evidence in an aggravated assault case from 2023, as reported by a local TV station in Ft. Lauderdale. This might mark the first instance in the nation where a defense team in a criminal court has used VR technology as part of their evidence.
The case revolves around Miguel Albisu, who owns a wedding venue in Florida. He’s facing charges of aggravated assault with a deadly weapon after allegedly brandishing a gun at guests during a fracas. The altercation was sparked following an attack on Albisu’s wife and son at the venue—his wife even sustained a wrist injury—which called for his intervention.
The crux of the matter is whether Albisu’s act of threatening guests with a firearm was a legitimate act of self-defense under Florida’s Stand-Your-Ground statutes.
To support Albisu’s case, defense attorney Ken Padowitz enlisted an artist to develop a simulation for the Oculus Quest 2, which Broward County Judge Andrew Siegel admitted as evidence. This VR setup aims to immerse the courtroom in the scenario exactly as the defendant experienced it.
Padowitz explained to WPLG, “We equipped the judge, prosecutors, and witnesses with headsets so they could literally see the situation through my client’s eyes, experiencing his perspective when he found himself encircled by intoxicated revelers. At that moment, feeling threatened, he believed drawing his weapon was necessary to protect his life and safeguard his property.”
Local10, a Florida news channel, broadcasted footage in December of the courtroom attendees engaging with the VR depiction.
Although courtroom use of animation isn’t unprecedented, VR marks new technological territory. Padowitz, interestingly, pioneered the use of animation as evidence back in 1992 while serving as a prosecutor.
Reflecting on this advancement, Padowitz remarked to WPLG, “We’ve come a long way since 1992 when animation first held up as evidence. Today, our capabilities have exponentially advanced. Now, we’re showcasing not just a computer-generated animation of the events leading up to my client’s defensive decision but presenting it in virtual reality as well.”
The VR simulation gained approval in a pre-trial hearing, with a judge tasked with deciding whether to dismiss the case or move it to a jury trial. Should it proceed, the trial is anticipated to recommence in February.
