In a groundbreaking development during a stand-your-ground hearing, Broward County Judge Andrew Siegel donned a virtual reality headset for a first-of-its-kind experience in a Florida courtroom. This historic use of technology was aimed at better understanding the testimony of a defense expert in the trial of Miguel Albisu, who owns a wedding venue in Southwest Ranches.
Albisu faces charges of aggravated assault with a deadly weapon after allegedly brandishing a firearm at wedding guests in 2023. According to defense expert Bill Engler, “This is when he pulls the gun out, when he is backed up against the bar,” highlighting the moment Albisu felt compelled to act.
Florida judge looks through a VR headset to put himself in the defendant's shoes (self-defense scenario): pic.twitter.com/ehaTD4LCMz
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Albisu’s defense is based on self-defense. His attorney, Ken Padowitz, described the chaotic scene at the venue, explaining that Albisu’s wife and son were assaulted, with a DJ allegedly throwing a chair that injured the event planner’s wrist.
“They were able to get out, glass shattered everywhere, get out of this wedding facility, and wake up my client, Mike, who was sleeping, and he was told what happened at his wedding facility,” Padowitz recounted. He further explained that upon learning of the situation, Albisu instructed his wife to call emergency services and then took immediate action to protect his staff, property, and family from what he believed to be a dangerous situation caused by intoxicated guests. His goal was to deescalate the tension and end the party peacefully.
An artist used an Oculus Quest 2 VR headset to visualize the defendant’s experience. Padowitz emphasized the importance of this method, stating, “It may be the first time in the United States that virtual reality was admitted into a criminal hearing,” marking a potentially revolutionary approach to courtroom evidence presentation.
Florida’s “Stand Your Ground” law, enacted in 2005, removes the duty to retreat before using deadly force in self-defense. This law allows individuals to use force, including deadly force, if they reasonably believe it is necessary to prevent imminent death or great bodily harm to themselves or others, or to prevent the commission of a forcible felony. The law applies anywhere a person has a legal right to be, not just in their home, under what’s known as the “castle doctrine.” It provides immunity from criminal prosecution and civil liability if the use of force is deemed justified. However, this does not apply if the person using force was engaged in criminal activity or was the initial aggressor.
This technology uses images or videos taken when the event happened. If there’s enough data to recreate the incident accurately, it would put jurors or the judge in the defendant’s shoes.
This type of VR differs from what AI generates from some user’s input. It’s not as much of an “interpretation” as a 3D rendering based on crime scene evidence. In this case, the artist had existing images and videos to work off of.
The prosecutor or defense attorney could make objections just like any other evidence before the jury ever sees it, and not all video or testimony is allowed now. Evidentiary hearings are where this would get sorted out.
This is a promising new technology that should progress rapidly, and its development will be fascinating to watch.