In a groundbreaking move within the legal world, a judge in Florida has given the green light for a virtual reality simulation to be presented as evidence in a 2023 aggravated assault case. This decision, reported by a local TV station in Ft. Lauderdale, marks a significant first where the defense in a criminal trial is allowed to use VR technology in this manner.
The case revolves around Miguel Albisu, who owns a wedding venue in Florida. He faces charges of aggravated assault with a deadly weapon after an incident where he allegedly brandished a gun at guests during an altercation. The background to this confrontation involves Albisu’s wife and son, who were reportedly attacked at the venue—with his wife ending up with a wrist injury—prompting Albisu to rush to the scene.
Central to the defense is the argument that Albisu’s brandishing of a firearm was a justifiable act of self-defense under Florida’s Stand-Your-Ground laws. In an innovative twist, Ken Padowitz, the defense attorney, has engaged an artist to craft a virtual reality simulation of the event, viewable on the Oculus Quest 2. This simulation has been cleared for the trial by Broward County Judge Andrew Siegel, aiming to provide the courtroom with a firsthand view from Albisu’s perspective.
“We had the judge, the prosecutors, and the witness don headsets, allowing them to experience my client’s point of view during the ordeal, surrounded by inebriated partygoers,” Padowitz explained to WPLG. “At that moment, he felt threatened enough to think he needed to draw his weapon for protection.”
Local10, a news station in Florida, even broadcasted footage showing the courtroom audience engrossed in the live animation last December.
While animated evidence has appeared in trials before, this instance notably pioneers the use of virtual reality. Padowitz proudly recalls his contribution to having animation accepted in criminal cases during his time as a prosecutor back in 1992.
“Since then, our technological capabilities have advanced tremendously,” Padowitz remarked to WPLG. “Today, we’ve gone beyond a simple computer animation. We’ve taken a leap into virtual reality to vividly recreate the sequence of events leading up to my client’s decision to act in self-defense.”
The VR simulation was reviewed during a pre-trial hearing, which the judge will use to decide if the case should proceed to a jury trial or be dismissed. Should the trial advance, it is slated to reconvene in February.
