Florida Judge Permits VR Simulation of Alleged Crime as Evidence

In a landmark ruling, a Florida judge has agreed to let a virtual reality (VR) simulation be used as evidence in a 2023 aggravated assault case, according to a local TV station in Ft. Lauderdale. This breakthrough may mark the first time a defense team in a U.S. criminal court has been granted permission to utilize VR technology as part of their evidence.

The case revolves around Miguel Albisu, proprietor of a wedding venue in Florida, who found himself facing charges of aggravated assault with a deadly weapon. It’s alleged that during an altercation, he brandished a gun at the guests. The incident escalated after Albisu’s wife and son were purportedly attacked, with his wife suffering a wrist injury, prompting Albisu to intervene.

Central to the case is whether Albisu’s choice to brandish a firearm was a justifiable act of self-defense under Florida’s Stand-Your-Ground laws.

Defense lawyer Ken Padowitz has taken an innovative approach by commissioning a VR simulation of the incident, specifically designed for the Oculus Quest 2. Broward County Judge Andrew Siegel has approved the introduction of this simulation in the courtroom. The goal is to provide everyone present with an immersive view of the event from Albisu’s perspective.

“We had the judge, the prosecutors, and even the witnesses don headsets. Through this, the judge could see what my client experienced—being encircled by intoxicated partygoers,” Padowitz explained to WPLG. “At that moment, he felt the need to draw his weapon to protect his life and property.”

Local10, a Florida news station, captured footage from the courtroom in December, showcasing how the judge and other court officials observed the VR animation.

While the use of animated simulations in trials isn’t new, this instance marks a pioneering use of virtual reality in a legal setting. Padowitz recalls being a trailblazer in 1992 as a prosecutor when he first managed to have an animation admitted as evidence in a criminal case.

“From those early days, our capabilities have significantly evolved,” Padowitz shared with WPLG. “Currently, not only did we utilize a computer animation to depict the sequence of events leading up to my client drawing his gun in self-defense, but we did so in the highly interactive medium of virtual reality.”

The introduction of the VR simulation was approved during a pre-trial hearing, with the judge set to decide whether the case will be dismissed or proceed to a jury trial. Should it advance, court proceedings are expected to continue in February.