In a groundbreaking decision, a Florida judge has accepted a virtual reality simulation as evidence in a 2023 aggravated assault case, according to a Ft. Lauderdale TV news report. This marks what might be the first instance in the United States where a criminal court defense has successfully introduced VR as part of their evidence.
The case involves Miguel Albisu, who owns a wedding venue in Florida. He faced charges of aggravated assault with a deadly weapon, allegedly for brandishing a firearm at guests during a dispute. The incident reportedly unfolded after his wife and son were attacked at the venue, with his wife suffering a wrist injury, prompting Albisu to step in.
At the heart of the case is whether Albisu’s action of threatening individuals with a gun was justified as self-defense under Florida’s Stand-Your-Ground laws.
Defense attorney Ken Padowitz took an innovative approach by hiring an artist to create a VR simulation of the incident for use with the Oculus Quest 2. Broward County Judge Andrew Siegel has permitted this simulation to be presented in court, aiming to immerse everyone in the defendant’s point of view.
“We geared up the judge, prosecutors, and the witness with headsets, allowing them to see through my client’s eyes what he encountered that evening—surrounded by intoxicated partygoers,” Padowitz explained to WPLG. “They physically restrained him, and he believed he had to draw his weapon to protect his life and property.”
Local10, a Florida news station, broadcasted footage from December showing the court experiencing the VR animation.
Although animated simulations have appeared in trials before, integrating virtual reality in this way appears to be a first. Padowitz proudly notes his role in the early days of legal animation, having introduced the concept as a prosecutor back in 1992.
Reflecting on the technological progress, Padowitz shared with WPLG, “We’ve come a long way since 1992. Today, not only have we shown the judge a computer animation leading up to my client’s decision to draw his weapon in self-defense, but we have also presented it in virtual reality.”
The VR simulation was admitted during a pre-trial session, which will help the judge decide whether the case should be dropped or proceed to a jury trial. If the latter happens, the proceedings are anticipated to continue in February.
