Florida Judge Allows VR Simulation of Alleged Crime to be Introduced into Evidence

A Florida judge has allowed a virtual reality simulation to be introduced as evidence in a 2023 aggravated assault case, according to a local television news station in Ft. Lauderdale. And it could be the first time the defense has been allowed to introduce VR into evidence in any criminal court in the country.

Miguel Albisu owns a wedding venue in Florida and has been charged with aggravated assault with a deadly weapon after brandishing a gun at guests during an argument. It is reported that Albisu’s wife and son were attacked at the scene, his wife was injured on the wrist, and Albisu was called to the scene.

At issue is whether Albisu’s decision to threaten bystanders 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 it to be presented in court. The idea is to give everyone in the courtroom the defendant’s perspective.

“We put headphones on the judge, the prosecutors, and the witness and the judge were able to see first-hand what my client was going through as he was surrounded by drunken guests,” Padowitz said. WPLG. “They grabbed him and he felt he had to draw his gun to protect his life and property.”

News station Local10 in Florida even in December, a courtroom video was released showing the judge and others in the court watching the animation.

This is not the first time that an animated simulation has been presented in a test, but it is the first time that virtual reality has been used. Padowitz takes credit for being the first to see animation supported as evidence in a criminal case in 1992, when he was a prosecutor.

“Since then, we’ve evolved to the point where our capabilities far exceed what we had in 1992,” Padowitz said. WPLG. “So what we’re doing here today is not only showing the judge a computer animation of what happened before my client drew that gun in self-defense for his life, but we’re showing it in virtual reality. .”

The VR simulation was authorized during a pre-trial hearing before a judge, who will determine whether the case is dismissed or goes to a jury trial. If it goes to trial, the trial is expected to resume in February.