Florida judge allows VR simulation of alleged crime to be introduced as evidence

According to a local television station in Ft. A Florida judge allowed a virtual reality simulation to be introduced as evidence in Lauderdale’s 2023 aggravated assault case. This may be the first time that the defense has been allowed to introduce VR into evidence during a criminal court hearing in the country.

Miguel Albisu, a Florida wedding venue owner, was charged with assault with a deadly weapon after he brandished a gun at guests during an argument. Albisu’s wife and son were allegedly attacked at the scene and his wife suffered a wrist injury, due to which Albisu was called to the scene.

The question is whether Albis’ decision to threaten those present at the scene with a gun was a valid form of self-defense under Florida’s “Stand Your Ground” laws.

The defense attorney in the case, Ken Padowitz, commissioned an artist to create a simulation of the event for the Oculus Quest 2, and Broward County Judge Andrew Siegel will allow the simulation to be presented at trial. The idea is to provide everyone in the courtroom with the defendant’s perspective.

“We put headphones on the judge, the prosecutors and the witness, and the judge was able to see my client with his own eyes, from his own perspective, what he was struggling with when he was surrounded by inebriated partygoers,” Padowitz said. WPLG. “They grabbed him and at that moment he felt he had to draw his gun to defend his life and his property.”

News station Local 10 in Florida in December, a courtroom video was even broadcast, showing the judge and other people in court watching the animation.

This is not the first time an animated simulation has been introduced into a trial, but it is apparently the first time virtual reality has been used. Padowitz credits himself with being the first to admit animation as evidence in a criminal case when he was a prosecutor in 1992.

“Since then, we have grown to the point where our capabilities far exceed what we did in 1992.” Padowitz said WPLG. “So what we’re doing here today is not only showing the judge in computer animation what happened before my client had to draw his gun in self-defense to save his life, but we also showed it in virtual reality.”

The VR simulation was allowed during a pre-trial hearing before the judge who will decide whether to dismiss the case or send the case to trial with a jury. If the case goes to court, legal proceedings will resume in February.