Florida Judge Approves Use of VR Simulation as Evidence in Crime Case

In an unprecedented move during a 2023 aggravated assault case in Florida, a judge has permitted a virtual reality (VR) simulation to be included as evidence. This landmark decision, reported by a Ft. Lauderdale TV station, might represent the first time VR has been introduced by the defense in a criminal court case in the United States.

The case involves Miguel Albisu, who owns a wedding venue in Florida. He faces charges of aggravated assault with a deadly weapon after an alleged incident where he brandished a gun at guests during a heated situation. The backdrop to this charge is a scuffle where Albisu’s wife and son were reportedly attacked, resulting in an injury to his wife’s wrist, prompting Albisu to rush to their aid.

At the heart of the legal debate is whether Albisu’s action of threatening venue guests with a firearm was justified as a self-defense measure under Florida’s Stand-Your-Ground laws.

Defense attorney Ken Padowitz stepped up the defense by commissioning an artist to create a detailed simulation of the event for the Oculus Quest 2 headset. Broward County Judge Andrew Siegel has sanctioned its presentation during the trial, aiming to offer all present a firsthand look at what Albisu experienced during the fracas.

“Our team equipped the judge, the prosecutors, and even some witnesses with headsets, immersing them in my client’s viewpoint,” explained Padowitz to WPLG. “From Albisu’s perspective, surrounded by inebriated partygoers who grabbed him, he felt his survival necessitated drawing his weapon to protect himself and his property.”

The local news broadcast, Local10, provided footage from a December court session, capturing moments of the judge and others engaging with the VR animation.

While animated simulations aren’t new in courtrooms, this might be a pioneering instance for VR use. Reflecting on past achievements, Padowitz highlighted his history with courtroom animations, first recognized in 1992 when he was a prosecutor.

“Since then, we’ve significantly advanced our technological capabilities,” Padowitz remarked to WPLG. “Today, not only have we presented the judge with a computerized animation of the sequence of events that led to my client resorting to gun use in self-defense, but we’ve now elevated it to a virtual reality experience.”

The VR simulation gained entry as evidence during a pre-trial hearing, where the judge’s upcoming decision will determine whether the case is dismissed or proceeds to a jury trial. Should the trial move forward, courtroom activities are anticipated to recommence in February.