Siegel watches a virtual reality presentation at the Broward County Courthouse in Fort Lauderdale, Florida, during a hearing on the admissibility of a virtual reality depiction in a stand-your-ground case. — South Florida Sun Sentinel/TNS
It was no game.
A Broward judge in the US, the lawyers in his courtroom and a man accused of waving a gun to shut down a wedding reception at the venue he owns in Southwest Ranches all put on virtual reality headsets Tuesday as part of a hearing to determine whether charges against the defendant should be dismissed.
Miguel Rodriguez Albisu, 59, is charged with nine counts of aggravated assault with a firearm for pulling a gun on the guests attending a reception at Cielo Farms, a private venue Albisu owns. According to court documents, Albisu wanted a March 2023 wedding party cleared out by 10.30pm, but the guests believed they were entitled to stay until 11pm.
The later time would have run afoul of Southwest Ranches ordinances. According to defence lawyer Ken Padowitz, Albisu had been awakened by his son and wife, who told him they were physically attacked by angry wedding guests who were refusing to leave, some screaming threats and others “throwing chairs, breaking glasses and ripping door panels off walls.”
Video recorded by wedding guests shows Albisu holding a gun in one hand and yelling, “Get out!” At several times it appears he is not looking in the same direction as the weapon is pointing.
According to Padowitz, the virtual reality recreation of the incident offers a clearer view of how his client perceived the situation than the video. While the technology is often used for video games, Padowitz said he expects it to factor into more and more criminal trials, as prosecutors and defence lawyers seek to show judges and juries what their expert witnesses are telling them.
Padowitz is accustomed to breaking ground on the use of computer animation in court. As a prosecutor in 1992, he was credited with the first use of two-dimensional computer animation to illustrate an expert witness’ testimony.
Over the objection of Assistant State Attorney Danielle Gordon, Broward CIrcuit Judge Andrew Siegel allowed the use of the VR demonstration for the stand-your-ground hearing. But he did not promise to allow its use with a jury if the case goes to trial.
Under the state’s stand-your-ground law, a person is allowed to use appropriate force if he feels his life or safety are in danger at a place he has the right to be. There is no duty to retreat. The law has been invoked to avert trials in numerous self-defence cases as well as incidents where law enforcement officers defended their on-duty decisions to use deadly force.
The stand-your-ground hearing in Albisu’s case is expected to last into early next week, with no indication when Siegel will issue a ruling. – South Florida Sun Sentinel/Tribune News Service
