In a groundbreaking move, a Florida judge has opened the door for a virtual reality simulation to be used as evidence in a 2023 aggravated assault case. According to a local TV news outlet in Ft. Lauderdale, this might be the first instance where VR technology has been introduced by the defense in a criminal courtroom setting across the United States.
The case revolves around Miguel Albisu, who owns a wedding venue in Florida. He’s facing charges of aggravated assault with a deadly weapon after reportedly brandishing a gun during a heated confrontation with guests. The incident reportedly began when Albisu’s wife and son were attacked at the venue, resulting in a wrist injury for his wife, prompting Albisu to intervene.
A crucial point in the trial will be determining if Albisu’s actions—specifically, threatening attendees with a firearm—were justifiable under Florida’s Stand-Your-Ground laws.
To bolster their case, the defense attorney, Ken Padowitz, enlisted an artist to create a VR simulation of the incident tailored for the Oculus Quest 2. Broward County Judge Andrew Siegel has agreed to let this simulation be shown at the trial, aiming to provide everyone in the courtroom a chance to see the situation from the defendant’s vantage point.
“We got the judge, the prosecutors, and the witnesses to wear VR headsets, giving them a glimpse into what my client experienced—surrounded by intoxicated partygoers,” Padowitz explained to WPLG. “They grabbed him, and at that moment, he felt compelled to draw his weapon in defense of his life and property.”
Local10 in Florida even broadcasted footage from a December courtroom session, showing those involved as they viewed the animation.
While introducing animated simulations in the courtroom isn’t new, the application of virtual reality in this context is unprecedented. Padowitz is no stranger to innovation, having previously been credited with first ushering in animation as evidence in a criminal case when he was a prosecutor back in 1992.
“With time, our capabilities have advanced significantly beyond what we achieved in 1992,” Padowitz shared with WPLG. “Today, we’re not just showing the judge a computer animation preceding my client’s defensive action; we’re immersing him in it through virtual reality.”
The VR simulation was admitted during a pre-trial hearing, with the judge ready to decide whether the case will be dismissed or proceed to a jury trial, which, if approved, is projected to continue in February.
