In Florida, a judge has given the green light to use a virtual reality simulation as evidence in a 2023 aggravated assault case, marking what might be a landmark decision in the country’s legal proceedings. This could be the first instance where VR has been introduced by the defense as evidence in a criminal courtroom, according to a Ft. Lauderdale news station.
The case involves Miguel Albisu, who operates a wedding venue in Florida. He faces charges of aggravated assault with a deadly weapon after allegedly brandishing a gun during a heated dispute. The incident occurred when Albisu’s wife and son were reportedly attacked at the venue, resulting in his wife injuring her wrist, prompting Albisu to intervene.
The pivotal legal question is whether Albisu’s decision to threaten the guests with a gun is justifiable self-defense under Florida’s Stand-Your-Ground laws.
To bolster his defense, attorney Ken Padowitz enlisted an artist to create a virtual reality simulation of the event, specifically for the Oculus Quest 2. Broward County Judge Andrew Siegel has agreed to allow this innovative piece of evidence to be presented at the trial, aiming to provide everyone in the courtroom a firsthand experience of the defendant’s perspective.
“We equipped the judge, prosecutors, and witnesses with headsets, enabling them to witness the scenario through my client’s eyes,” Padowitz explained to WPLG. “When surrounded by inebriated partygoers, Albisu was grabbed, and he believed he had no other choice but to brandish his weapon to protect his life and property.”
Local10, a news station in Florida, showcased footage from the December courtroom session where those present viewed the VR animation.
While using animated simulations as evidence in trials isn’t entirely new, leveraging virtual reality in this manner appears to be a first. Padowitz, who pioneered the use of animation as evidence in a criminal case in 1992 as a prosecutor, mentioned, “Back then we broke new ground; today, our capabilities have greatly advanced. We presented a computer animation illustrating the incident prior to my client drawing his weapon in self-defense, and now, we’re doing it in virtual reality.”
The decision to admit the VR simulation occurred during a pre-trial hearing, where the judge will determine whether the case will be dismissed or proceed to a jury trial. Should it advance, courtroom sessions are anticipated to continue in February.
