PASSAGE OF THE DAY: "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."
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STORY: "Virtual reality in the courtroom: Broward lawyers and judge don headsets in stand-your-ground hearing," by Reporter Rafael Olmeda, published by The South Florida Sun Sentinel, on December 17, 2024.
GIST: It was no game.
A Broward judge, 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 10:30 p.m., but the guests believed they were entitled to stay until 11 p.m.
The later time would have run afoul of Southwest Ranches ordinances. According to defense 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 defense 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-defense 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.
PUBLISHER'S NOTE: I am monitoring this case/issue/resource. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog.
SEE BREAKDOWN OF SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG, AT THE LINK BELOW: HL:
https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985
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FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
Lawyer Radha Natarajan:
Executive Director: New England Innocence Project;
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FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions. They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!
Christina Swarns: Executive Director: The Innocence Project;
