In a groundbreaking decision in Florida, a judge has allowed the use of virtual reality as evidence in a 2023 case involving aggravated assault. This could mark the first instance where VR has been admitted as evidence in a criminal court in the United States, according to a TV news report from Ft. Lauderdale.
The case centers around Miguel Albisu, the owner of a wedding venue in Florida, who faces charges of aggravated assault with a deadly weapon. He allegedly brandished a gun during a heated argument with wedding guests. The incident was sparked when Albisu’s wife and son were reportedly attacked at the venue, leading to his wife suffering a wrist injury. Albisu was summoned to the scene amidst the chaos.
At the heart of the matter is whether Albisu’s actions were justified under Florida’s Stand-Your-Ground laws as self-defense. His lawyer, Ken Padowitz, took an innovative approach by hiring an artist to create a VR simulation of the event using the Oculus Quest 2. Broward County Judge Andrew Siegel has approved its use in court, aiming to immerse courtroom participants into the scenario from Albisu’s viewpoint.
“We equipped the judge, prosecutors, and witnesses with VR headsets so they could experience exactly what my client saw and felt when he was confronted by a group of intoxicated guests,” Padowitz explained to WPLG. “In that moment, when they accosted him, he believed it was necessary to draw his weapon to protect himself and his property.”
In December, Local10, a Florida news station, broadcast footage from the courtroom, showing the judge and others engaged with the animated VR presentation.
While this isn’t the first time animations have been used in court, this case represents a novel application of virtual reality. Padowitz previously pioneered the use of animation as court evidence during his tenure as a prosecutor in 1992.
“We’ve come a long way from those days,” Padowitz remarked to WPLG. “Today, not only can we present a computer-animated version of the events prior to my client’s defensive action, but we can now deliver that experience through virtual reality.”
The acceptance of the VR simulation took place during a pre-trial hearing, where the judge will decide if the case should proceed to a jury trial or be dismissed. If it moves forward, the trial is anticipated to continue in February.
