In a groundbreaking decision out of Florida, a judge has permitted a virtual reality simulation to serve as evidence in an aggravated assault case. This unprecedented move, reported by a local Ft. Lauderdale TV station, could mark the first time VR technology has been admitted as evidence in a U.S. criminal court proceeding.
The case centers around Miguel Albisu, who owns a wedding venue in Florida. He faces charges of aggravated assault with a deadly weapon following an incident where he allegedly brandished a gun at guests during a confrontation. The situation escalated when Albisu’s wife and son came under attack at the venue, resulting in an injury to his wife’s wrist, prompting Albisu to intervene.
The crux of the defense is whether Albisu’s actions, specifically threatening to use a firearm, were justified under Florida’s Stand-Your-Ground laws. To bolster their case, defense attorney Ken Padowitz enlisted an artist to create a VR simulation for the Oculus Quest 2, which Broward County Judge Andrew Siegel has agreed to allow as evidence in the trial. This innovative approach aims to provide a first-person view of the incident to everyone in the courtroom.
Speaking with WPLG, Padowitz explained, “We equipped the judge, prosecutors, and witness with VR headsets, enabling them to experience the event from my client’s perspective. When surrounded by inebriated partygoers, he was grabbed, leading him to believe that drawing his weapon was necessary for self-defense.”
Local10, a news station in Florida, broadcasted footage in December showing the judge and court participants immersing themselves in the VR reenactment.
While animated simulations have been admitted in court before, this instance stands out as the first involving virtual reality. Padowitz, who as a prosecutor in 1992 pioneered the use of animation as evidence, takes pride in the technological advances since then. “Today, our capabilities surpass what we achieved in 1992,” he told WPLG. “In this case, we not only displayed a computer animation of the events that led to my client feeling the need to use self-defense, but we also presented the experience in virtual reality.”
The VR simulation received approval during a pre-trial hearing, setting the stage for a judge to decide whether the case will be dismissed or proceed to a jury trial. Should it move forward, court proceedings are slated to continue in February.
