In a remarkable development in the legal world, a Florida judge has given the green light for a virtual reality simulation to be used as evidence in an aggravated assault case. Local news from Ft. Lauderdale reports that this might be the pioneering instance of VR being allowed as evidence by a defense team in a criminal court in the United States.
The incident in question involves Miguel Albisu, who operates a wedding venue in Florida. He’s facing charges of aggravated assault with a deadly weapon, accused of threatening guests with a gun during a heated confrontation. The confrontation reportedly erupted after Albisu’s wife and son were attacked at the event, with his wife suffering a wrist injury, prompting Albisu to rush to the scene.
The central debate in this case is whether Albisu’s choice to brandish a firearm was an act of legitimate self-defense under Florida’s Stand-Your-Ground law.
Albisu’s defense attorney, Ken Padowitz, took an innovative route by hiring an artist to recreate the scenario through a simulation designed for the Oculus Quest 2. Broward County Judge Andrew Siegel has agreed to let this VR evidence be presented in court, aiming to provide all courtroom participants with a firsthand view from the defendant’s perspective.
“We equipped the judge, prosecutors, and witnesses with VR headsets,” Padowitz shared with WPLG. “Through my client’s eyes, they could see the reality he faced—being in the midst of intoxicated partygoers. When they grabbed him, it was clear to him that reaching for his weapon was essential to protect his life and property.”
Footage from the courtroom aired by Local10 in Florida features the judge and other courtroom members engaging with the animation in December.
While animations have previously been used in court, this case marks the first known occasion of virtual reality being utilized. Padowitz recalls being the trailblazer for animation as admissible evidence in criminal cases back when he served as a prosecutor in 1992.
“We’ve come a long way since then,” Padowitz remarked to WPLG. “Today, we can not only present a computer animation depicting the events leading up to my client’s defensive actions but also immerse it in virtual reality.”
This VR simulation was presented during a pre-trial hearing, where the judge will decide if the case should be dismissed or proceed to trial. Should it advance, the trial is anticipated to continue in February.
