In an unprecedented move in 2023, a Florida judge has approved the use of a virtual reality simulation as evidence in a case concerning aggravated assault. This decision, as reported by a local TV station in Ft. Lauderdale, could mark the first instance in the U.S. where VR technology has been allowed as evidence in a criminal court proceeding.
The case involves Miguel Albisu, who owns a wedding venue in Florida. He’s facing charges of aggravated assault with a deadly weapon after allegedly brandishing a gun at guests during a heated incident. The series of events leading to these charges began when Albisu’s wife and son were attacked at the venue, with his wife suffering a wrist injury, prompting Albisu to rush to the scene.
The crux of the legal battle hinges on whether Albisu’s actions—specifically, threatening the attendees with a gun—can be justified as self-defense under Florida’s Stand-Your-Ground laws.
In a novel legal strategy, defense attorney Ken Padowitz commissioned a VR simulation of the incident for the Oculus Quest 2. This innovative approach aims to offer everyone in the courtroom insight into the defendant’s perspective. Broward County Judge Andrew Siegel has agreed to its introduction at trial. Padowitz explained to the local news channel WPLG, “We equipped the judge, the prosecutors, and the witness with headsets. The judge could then see, through my client’s eyes, the situation he was in—surrounded by intoxicated guests. At that moment, he believed he had to draw his weapon to protect himself and his property.”
Footage from the courtroom, broadcast by Local10 in Florida, showed the judge and other courtroom participants engaging with the simulation in December.
While integrating animation into trials is not new, employing virtual reality in this context is pioneering. Padowitz recalls that as a prosecutor in 1992, he was instrumental in having an animated depiction of events accepted as evidence for the first time in a criminal case. Reflecting on this technological evolution, Padowitz stated to WPLG, “Since then, we’ve come so far. Today, we don’t just show a judge a computer-generated animation of the events leading up to my client’s defensive actions; we immerse them in the experience using virtual reality.”
The approval of the VR demonstration took place during a pre-trial hearing, where the judge will decide whether the case should be dismissed or proceed to a jury trial. Should it advance, the trial is anticipated to continue in February.
