Florida Judge Permits VR Simulation of Alleged Crime as Evidence

In an intriguing legal development in Florida, a judge has taken an unprecedented step by allowing a virtual reality simulation to serve as evidence in a 2023 aggravated assault case. According to a report from a local TV station in Ft. Lauderdale, this marks possibly the first instance where VR has been introduced in such a context by the defense during a criminal court hearing in the United States.

The case revolves around Miguel Albisu, who owns a wedding venue in Florida. He faces charges of aggravated assault with a deadly weapon, stemming from allegations that he brandished a firearm at guests during a heated dispute. The incident reportedly unfolded after Albisu’s wife and son were assaulted at the venue, resulting in an injury to his wife’s wrist, prompting Albisu to step in.

At the heart of the case is whether Albisu’s action of threatening guests with the gun can be justified as self-defense under Florida’s Stand-Your-Ground laws.

Ken Padowitz, the defense attorney, took a bold step by hiring an artist to create a VR simulation of the incident tailored for the Oculus Quest 2. Broward County Judge Andrew Siegel agreed to allow it during the trial, aiming to immerse courtroom participants in the scenario from Albisu’s perspective.

“We equipped the judge, prosecutors, and a witness with headsets, letting them experience the situation through my client’s eyes,” Padowitz explained to WPLG. “They saw firsthand what it was like being surrounded by intoxicated partygoers. Feeling threatened, Albisu believed then that drawing his weapon was necessary to protect himself and his property.”

Local10, a TV news outlet in Florida, even broadcasted footage from the courtroom showing the judge and others evaluating the simulation in December.

While animated simulations aren’t new in trials, the use of virtual reality indeed breaks fresh ground. Reflecting on his pioneering work, Padowitz mentioned that he was the first to successfully introduce animation as evidence in a criminal case back in 1992 during his prosecutorial career.

“Our capabilities have significantly advanced since 1992,” Padowitz commented to WPLG. “Here, we managed to not only present the judge with a computer-generated animation of the events leading to my client’s self-defense action but also showcase it in virtual reality.”

As for the case proceedings, this VR simulation was brought forward during a preliminary hearing. In this phase, the judge will decide whether to dismiss the case or proceed to a jury trial. Should the case advance, the trial is set to continue in February.