In a historic first for US judicial annals, a judge in Florida has allowed a virtual reality simulation to be used as evidence in a criminal trial.
According to local television station WPLG of Ft. Lauderdale, a judge in Florida accepted the presentation of a virtual reality simulation as evidence in an aggravated assault case in 2023, marking the first time VR has been allowed as evidence in a US criminal trial. The case involves Florida wedding venue owner Miguel Albisu, who is charged with aggravated assault with a deadly weapon.
As Local10 reports, the incident took place when Albisu’s wife and son were allegedly assaulted at the venue, with his wife suffering a wrist injury. Defense attorney Ken Padowitz commissioned an artist to create an Oculus Quest 2 simulation of the incident, which Broward County Judge Andrew Siegel allowed to be shown in court.
The simulation aims to give bystanders the defendant’s perspective during the incident. As Padowitz told WPLG: “We put VR devices on the judge, the prosecutors and the witness, allowing them to see from my client’s point of view what he faced when he was surrounded by drunken guests. He was grabbed, and in that moment he felt he had to draw his weapon in defense of his life and property.”
It is worth noting that Padowitz himself pioneered the use of animation as evidence in a criminal case in 1992, when he was serving as a prosecutor. “Since then we’ve evolved significantly, and our capabilities far exceed what we did in 1992,” he told WPLG.
The VR simulation was admitted during a pretrial hearing, where the judge will decide whether the case will be dismissed or proceed to a jury trial. If the case goes to trial, proceedings are expected to continue in February.
