In a groundbreaking move, a judge in Florida has given the nod for a virtual reality simulation to be used as evidence in a 2023 aggravated assault case, as reported by a local news station in Ft. Lauderdale. This marks a significant first, with VR technology being introduced into the legal process by the defense in a U.S. criminal court.
The case revolves around Miguel Albisu, a wedding venue owner in Florida, who found himself on the wrong side of the law after allegedly brandishing a firearm at guests during a heated dispute. The altercation reportedly involved members of his family, with his wife enduring a wrist injury during the melee, prompting Albisu’s arrival at the scene.
The central issue under debate is whether Albisu’s choice to arm himself was justified as a form of self-defense, consistent with Florida’s Stand-Your-Ground laws.
Taking an innovative approach, defense attorney Ken Padowitz enlisted an artist to create a VR simulation of the incident, designed for the Oculus Quest 2 headset, which Broward County Judge Andrew Siegel has sanctioned to be presented at trial. This simulation aims to immerse the courtroom in the defendant’s experience, providing a first-person view of the events.
“We put headsets on the judge, the prosecutors, and the witness,” Padowitz shared with WPLG. “The judge could see from my client’s perspective, capturing the moment he was surrounded by drunken guests. Feeling endangered and believing his life and property were at risk, he opted to draw his weapon.”
In December, Local10 in Florida broadcast footage from the courtroom, showing the judge and others immersed in the VR presentation of the scenario.
While using animated simulations isn’t new in trials, deploying virtual reality in this capacity is unprecedented. Padowitz proudly acknowledges his role in pioneering the use of animated evidence in 1992, when he was a prosecutor.
“Since then, we’ve made significant strides from what we accomplished in 1992,” Padowitz explained to WPLG. “Now, we can go beyond a simple computer animation by offering a virtual reality experience that gives a visceral feel of the circumstances leading to my client’s self-defense decision.”
The judge’s approval of the VR simulation occurred during a pre-trial hearing, where they will decide if the case should proceed to a jury or be dismissed. Should it move forward, the trial is slated to continue in February.
