Florida judge allows virtual reality simulation of alleged crime to be presented as evidence

A Florida judge allowed a virtual reality simulation to be presented as evidence during an aggravated assault case in 2023, according to a local TV news station in Ft. Lauderdale. This may be the first time that the defense in any criminal court hearing in the country has been allowed to introduce virtual reality into evidence.

Miguel Albiso owns a wedding venue in Florida and was charged with aggravated assault with a deadly weapon after he brandished a gun at guests during an altercation. Albiso’s wife and son were allegedly attacked at the scene, with his wife sustaining an injury to her wrist, and Albiso was called to the scene.

The question is whether Albiso’s decision to threaten those at the scene with a gun was a valid form of self-defense under Florida law.

The defense attorney in the case, Ken Badowitz, commissioned an artist to prepare a simulation of the incident for the Oculus Quest 2 and Broward County Judge Andrew Siegel will allow it to be presented at trial. The idea is to give everyone in the courtroom the perspective of the defendant.

“We put headphones on the judge, the prosecutors and the witness, and the judge was able to see with my client’s eyes, from his own perspective, what he encountered when he was surrounded by drunken party-goers,” Badowitz said. WPLG. “They grabbed him, and at that time he felt he needed to pull out his weapon to defend his life and property.”

News station Local10 in Florida A video was even broadcast from the courtroom in December showing the judge and others in court watching the cartoon.

This is not the first time an animated simulation has been presented at trial, but rather the first time it appears to be using virtual reality. Badowitz is credited with being the first to see the cartoon corroborated as evidence in a criminal case when he was a prosecutor in 1992.

“Since that time, we have evolved to this point where our capabilities far exceed what we did in 1992,” Badowitz said. WPLG. “So, what we’re doing here today is not only have we shown the judge a computer animation of what happened before my client had to pull out that gun in self-defense for his life, but we’ve also shown it in virtual reality.”

The VR simulation was allowed to be admitted during a pre-trial hearing before a judge who will determine whether the case is dismissed or goes to a jury trial. If he goes to trial, court proceedings are expected to resume in February.