A Florida judge has seemingly made history with the first use of virtual reality in examining an alleged crime scene.
Broward County Judge Andrew Siegel agreed to wearing a Meta Quest 2 virtual reality headset per request of the defense, who also supplied the technology, in an effort to further illuminate the crime scene.
The defendant, Miguel Albisu, is on trial for aggravated assault with a deadly weapon after he was accused of waving a gun at rowdy guests at his Southwest Ranches wedding venue. Albisu, owner of the venue, and his team hired an artist to recreate the wedding venue in virtual reality.
Attorney Ken Padowitz, who is representing Albisu, said to Local 10 that Albisu’s wife and son were attacked and a chair was thrown by a DJ, which hit the party planner, injuring her 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 said. “Having all that information, he immediately directed his wife to call 911 and then needed to immediately, he believed, save his staff from injury or potentially death, save his building, his home, from people who were intoxicated at this wedding, and so he went in there with the goal of deescalating and having the party stop and everyone leave.”
Padowitz believes the use of virtual reality in this case is the first in a Florida courtroom, if not in any United States court of law. Padowitz is a tech enthusiast and has used tech in previous hearings like in 1992, where he was the first to use computer animation as evidence in a Florida court.
With more acceptance of the tech, virtual reality could theoretically be used to fully recreate crime scenes and/or crimes to give both the judge and a jury a direct representation of alleged crimes.
Albisu is pleading not guilty and says he was acting in self defense, citing Florida’s stand-your-ground law, which allows property owners to use guns to defend themselves, their family, and their property.
Defense expert Bill Engler testified by also wearing a virtual reality headset with the judge, saying “This is when he pulls the gun out, when he is backed up against the bar.” Defense and prosecutor lawyers also wore VR headsets during Engler’s testimony.
The case will resume sometime in February before Siegel and if the judge is satisfied with the technology, it may be used by a jury for the first time. The issue will have to be litigated in court before Siegel makes a decision, however.
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