In an intriguing legal development, a Florida judge has taken the unprecedented step of allowing a virtual reality simulation to be presented as evidence in a 2023 aggravated assault case. This decision, shared by a local TV news station in Ft. Lauderdale, marks what is believed to be the first instance where VR technology has been permitted in evidence by the defense in a criminal court anywhere in the United States.
The man at the center of this case is Miguel Albisu, owner of a wedding venue in Florida. He found himself charged with aggravated assault with a deadly weapon. The charges stemmed from an incident where Albisu allegedly brandished a firearm at guests during a heated confrontation. The situation reportedly escalated when Albisu’s wife and son came under attack at the venue, leaving his wife with an injured wrist, prompting Albisu to intervene.
The crux of the legal debate revolves around whether Albisu’s actions—specifically, his decision to threaten the guests with a gun—can be justified as self-defense under Florida’s Stand-Your-Ground laws. To bolster Albisu’s defense, attorney Ken Padowitz sought the creation of a VR simulation of the confrontation using the Oculus Quest 2. Broward County Judge Andrew Siegel granted permission for this to be used at trial, aiming to immerse the courtroom in the defendant’s perspective.
“We equipped the judge, prosecutors, and witnesses with headsets,” Padowitz explained to WPLG. “It allowed them to literally see through my client’s eyes and understand the chaos he faced—surrounded by intoxicated partygoers—ultimately making him feel that pulling his weapon was necessary to protect his life and property.”
Footage broadcasted by Local10 in Florida in December showed the courtroom as jurors and other legal members engaged with the VR animation.
While animated simulations have been used in trials before, this case stands out as potentially the first to incorporate virtual reality. Back in 1992, Padowitz himself pioneered the use of animated evidence in criminal court as a prosecutor. Reflecting on the evolution, Padowitz remarked, “What we’re doing here today showcases just how far technology has come since that first animation. Showing the judge a computer animation depicting the events that led to my client’s decision to draw his gun in self-defense was just part of it; now, we also have it represented in virtual reality.”
The VR evidence was authorized during a pre-trial hearing. The judge will now decide whether the case is dismissed or proceeds to a jury trial. Should it advance, the court is set to reconvene in February.
