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A Judge Accepted AI Video Testimony From a Dead Man (www.404media.co)

submitted 21 hours ago by [email protected] to c/[email protected]

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An AI avatar made to look and sound like the likeness of a man who was killed in a road rage incident addressed the court and the man who killed him: “To Gabriel Horcasitas, the man who shot me, it is a shame we encountered each other that day in those circumstances,” the AI avatar of Christopher Pelkey said. “In another life we probably could have been friends. I believe in forgiveness and a God who forgives. I still do.”

It was the first time the AI avatar of a victim—in this case, a dead man—has ever addressed a court, and it raises many questions about the use of this type of technology in future court proceedings.

The avatar was made by Pelkey’s sister, Stacey Wales. Wales tells 404 Media that her husband, Pelkey’s brother-in-law, recoiled when she told him about the idea. “He told me, ‘Stacey, you’re asking a lot.’”

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[–] [email protected] 4 points 20 hours ago

Jessica Gattuso, the victim’s right attorney that worked with Pelkey’s family, told 404 Media that Arizona’s laws made the AI testimony possible. “We have a victim’s bill of rights,” she said. “[Victims] have the discretion to pick what format they’d like to give the statement. So I didn’t see any issues with the AI and there was no objection. I don’t believe anyone thought there was an issue with it.”

Gattuso said she understood the concerns, but felt that Pelkey’s AI avatar was handled deftly. “Stacey was up front and the video itself…said it was AI generated. We were very careful to make sure it was clear that these were the words that the family believed Christopher would have to say,” she said. “At no point did anyone try to pass it off as Chris’ own words.”

The prosecution against Horcasitas was only seeking nine years for the killing. The maximum was 10 and a half years. Stacey had asked the judge for the full sentence during her own impact statement. The judge granted her request, something Stacey credits—in part—to the AI video.

From a different article quoting a former judge in the court:

"There are going to be critics, but they picked the right forum to do it. In a trial with a jury you couldn't do it, but with sentencing, everything is open, hearsay is admissible, both sides can get up and express what they want to do," McDonald said.

"The power of it was that the judge had to see the gentleness, the kindness, the feeling of sincerity and having his sister say, 'Well we don't agree with it, this is what he would've wanted the court to know'," he said.

I don't like it, and it feels dirty to me, but since the law allows them to express basically whatever they want in whatever format they want during this phase, it doesn't seem harmful in this case, just gross.

I actually think it's a little more gross that the family was able to be that forthright and say that the victim would not want what they were asking for, and still ask for it.