In a groundbreaking move for courtroom technology, a Florida judge has okayed the use of a virtual reality simulation as evidence in an aggravated assault case, reports a Ft. Lauderdale news channel. This marks a potential first in the U.S., where virtual reality is being used by the defense in a criminal trial.
The case centers around Miguel Albisu, the owner of a wedding venue in Florida. He’s facing charges of aggravated assault with a deadly weapon after allegedly brandishing a gun during a chaotic incident involving guests. The situation escalated when Albisu’s wife and son were reportedly attacked at the venue, resulting in a wrist injury to his wife, prompting Albisu to intervene.
The legal crux of the matter lies in whether Albisu’s decision to threaten with a gun can be justified as self-defense under Florida’s Stand-Your-Ground laws.
To support their argument, defense attorney Ken Padowitz commissioned a virtual artist to recreate the incident for the Oculus Quest 2. Broward County Judge Andrew Siegel decided to permit this VR simulation in court, aiming to present the scenario from Albisu’s point of view.
Padowitz explained to WPLG, “We equipped the judge, prosecutors, and witness with headsets to see the incident unfold from my client’s perspective. He was encircled by partygoers, some clearly inebriated, who physically engaged him, prompting him to feel that drawing his weapon was necessary to protect himself and his property.”
The Florida news outlet Local10 broadcasted footage in December of courtroom attendees engaging with the VR animation.
While animated recreations aren’t entirely new in legal settings, this instance marks a pioneering use of virtual reality. Padowitz, who set a precedent with evidential animation in a 1992 case as a prosecutor, emphasized the technological progression, stating, “Our capabilities have advanced significantly since 1992. Today, not only did we present a computer-generated reenactment of the events leading to my client’s defensive actions, but we also provided a virtual reality experience.”
This VR evidence was introduced during a pre-trial hearing, where the judge will decide whether the charges should proceed to jury trial or be dismissed. Should it advance to trial, the next court sessions are slated for February.
