Florida Judge Permits VR Simulation as Evidence in Alleged Crime Case

A Florida judge recently made headlines by approving the use of a virtual reality simulation as evidence in an aggravated assault case from 2023, as reported by a local TV station in Fort Lauderdale. This might mark the first occasion where VR has been accepted as evidence in a criminal court hearing in the United States.

The case centers around Miguel Albisu, the owner of a wedding venue in Florida. He faces charges of aggravated assault with a deadly weapon following an incident where he allegedly brandished a gun at guests during a dispute. The conflict reportedly arose after his wife and son were attacked at the venue, resulting in his wife suffering a wrist injury. Albisu was summoned to handle the situation.

The crux of the matter lies in whether Albisu’s actions in threatening the guests with a firearm fall under legitimate self-defense as interpreted by Florida’s Stand Your Ground laws.

Seeking to present a comprehensive view of the event, Albisu’s defense attorney, Ken Padowitz, enlisted an artist to craft a simulation for the Oculus Quest 2. Broward County Judge Andrew Siegel has agreed to permit this simulation at the trial, offering those in the courtroom a glimpse of the scene from the defendant’s vantage point.

“We put headsets on the judge, the prosecutors, and the witness,” Padowitz explained to WPLG. “The judge was then able to experience what my client witnessed—being encircled by intoxicated partygoers. They grabbed him, and at that moment, he believed he had to draw his weapon to protect his life and property.”

Local10, a Florida news station, even aired footage from the courtroom in December, showcasing the judge and others viewing the animation.

While the introduction of animated simulations in court isn’t entirely new, this instance seems to be the inaugural use of virtual reality in such a setting. Padowitz, in fact, claims he pioneered the acceptance of animation as evidence in a criminal case back in 1992 during his days as a prosecutor.

“Since then, our capabilities have significantly advanced beyond what we accomplished in 1992,” Padowitz shared with WPLG. “Today, not only could we present a computer-generated animation depicting events leading up to my client’s decision to use the gun in self-defense, but we also displayed it in virtual reality.”

The acceptance of the VR simulation took place during a pre-trial hearing, where the judge will decide whether to dismiss the case or proceed with a jury trial. Should the case go to trial, court sessions are anticipated to continue in February.