Florida Judge Permits VR Simulation as Evidence in Criminal Case

In an unprecedented move, a Florida judge has ruled that a virtual reality simulation can be used as evidence in an aggravated assault case from 2023. This decision might mark the first instance where a defense team in a U.S. criminal court has been given the green light to introduce VR technology as part of their evidence.

The case involves Miguel Albisu, the owner of a wedding venue in Florida. Albisu faces charges of aggravated assault with a deadly weapon following an incident where he allegedly brandished a gun at guests during a confrontation. The situation unfolded after Albisu’s wife and son were reportedly attacked at the venue, resulting in an injury to his wife’s wrist, prompting Albisu to rush to their aid.

The crux of the case hinges on whether Albisu’s actions, particularly his decision to brandish a firearm, are justified as self-defense under Florida’s Stand-Your-Ground laws.

In an innovative courtroom strategy, defense attorney Ken Padowitz employed an artist to craft a VR simulation of the event for the Oculus Quest 2. With the approval of Broward County Judge Andrew Siegel, this simulation will be presented at the trial, offering the courtroom an immersive experience from the defendant’s perspective.

“We equipped the judge, the prosecutors, and the witness with headsets,” Padowitz shared with WPLG. “This allowed them to perceive the situation through my client’s eyes, to understand the intense scenario he faced, surrounded by inebriated partygoers. As they grabbed him, he felt it necessary to brandish his weapon, fearing for his life and safety.”

Airing in December, Local10 broadcast footage from the courtroom showcasing the judge and other court officials as they engaged with the VR animation.

While the use of animated simulations in court isn’t a novel practice, the use of virtual reality is indeed groundbreaking. Padowitz, who has played a pivotal role in the evolution of such legal tools, first pioneered the use of animation as evidence in a criminal trial during his tenure as a prosecutor back in 1992.

“Since then, we’ve evolved dramatically,” Padowitz explained to WPLG. “Today, we’re not just limited to computer animations; we have stepped into virtual reality. In addition to showing a traditional computer animation, we enabled the judge to experience the situation virtually, capturing the moments leading up to my client’s defensive actions.”

The VR simulation’s inclusion was sanctioned during a pre-trial hearing, with the judge set to decide whether to dismiss the case or proceed to a jury trial. Should it move forward, the trial is anticipated to kick off in February.