In a groundbreaking move for legal proceedings, a judge in Florida has given the green light for a virtual reality simulation to be used as evidence in an aggravated assault case happening in 2023. This decision, reported by a Ft. Lauderdale local TV news station, could mark the first instance of a defense team in a U.S. criminal court utilizing VR technology to make their case.
The case at hand involves Miguel Albisu, the owner of a wedding venue in Florida. He’s facing charges of aggravated assault with a deadly weapon. The accusations stem from an incident where Albisu reportedly brandished a gun amidst an altercation with guests. The situation escalated after Albisu’s wife and son were allegedly attacked on the premises—his wife even suffered a wrist injury during the fracas, prompting Albisu’s urgent arrival on the scene.
Central to the case is whether Albisu’s actions were justified as self-defense under Florida’s Stand-Your-Ground laws. To support their argument, Albisu’s defense attorney, Ken Padowitz, had a virtual reality simulation crafted specifically for the Oculus Quest 2. Broward County Judge Andrew Siegel is allowing this innovative piece of evidence to be presented at trial, aiming to give everyone in the courtroom a firsthand look through Albisu’s eyes during the heated event.
“We had the judge, the prosecutors, and witnesses put on VR headsets,” Padowitz shared with WPLG. “This allowed them to experience, from my client’s perspective, the chaos he was engulfed in—surrounded by intoxicated guests who allegedly grabbed him. In that moment, he believed he had no choice but to draw his weapon to protect himself and his property.”
Local10, a Florida news channel, even showcased footage from December depicting the court’s engagement with the VR animation, offering viewers a glimpse into this unique legal experiment.
While using animated simulations in court isn’t entirely new, this instance stands out as the first to incorporate virtual reality. Notably, Padowitz claims a pioneering role in getting animation accepted as evidence in a criminal trial during his tenure as a prosecutor back in 1992.
Reflecting on this evolution, Padowitz noted, “Since then, our capabilities have significantly advanced. What we demonstrated today wasn’t just a computer animation of the events leading to my client’s defensive actions; we took it a step further by immersing the court in a virtual reality experience.”
The court’s decision regarding the VR simulation came during a pre-trial hearing. This step is crucial as the judge will ultimately decide whether to dismiss the case or proceed to a jury trial. Should it advance, the trial is anticipated to resume in February.
