this post was submitted on 08 May 2025
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A Judge Accepted AI Video Testimony From a Dead Man (www.404media.co)
submitted 1 day ago by riot@slrpnk.net to c/technology@lemmy.world
102 comments fedilink hide all child comments
 

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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[–] Nougat@fedia.io 27 points 1 day ago (2 children)

Preface: This does not belong in a courtroom. These were not his words. These were words that someone else wrote, and then put into the mouth of a very realistic puppet of him.

This was a victim impact statement, which I think comes after sentencing. In that case, it wouldn't have had an impact on sentencing, but I still feel quite strongly that this kind of misrepresentation has no place in a court.

[–] mosiacmango@lemm.ee 17 points 1 day ago* (last edited 1 day ago) (3 children)

This was shown before the sentencing. The judge referenced it explicitly in their sentencing as a reason to apply leniency.

From a comment above:

Here's what the judge had to say:

“I loved that AI, and thank you for that. As angry as you are, and as justifiably angry as the family is, I heard the forgiveness, and I know Mr. Horcasitas could appreciate it, but so did I,” Lang said immediately before sentencing Horcasitas. “I love the beauty in what Christopher, and I call him Christopher—I always call people by their last names, it’s a formality of the court—but I feel like calling him Christopher as we’ve gotten to know him today. I feel that that was genuine, because obviously the forgiveness of Mr. Horcasitas reflects the character I heard about today. But it also says something about the family, because you told me how angry you were, and you demanded the maximum sentence. And even though that’s what you wanted, you allowed Chris to speak from his heart as you saw it. I didn’t hear him asking for the maximum sentence.”

[–] ricecake@sh.itjust.works 8 points 1 day ago

It says in the article that the judge gave the maximum sentence.

The sister who created the video gave a statement as herself asking for something different from what she believed her brother would have wanted, which she chose to express in this fashion.

I don't think it was a good thing to do, but it's worth noting that the judges statement is basically "that was a beautiful statement, and he seemed like a good man", not an application of leniency.

[–] prole@lemmy.blahaj.zone 6 points 1 day ago

Wow... This judge should be disbarred.

[–] Nougat@fedia.io 3 points 1 day ago (1 children)

Oh right, I forgot about that. Then it's just wrong.

[–] Enkers@sh.itjust.works 4 points 1 day ago* (last edited 1 day ago)

I think what's interesting here is that the family was requesting the maximum sentence, yet they submitted the AI delivered impact statement which asked for compassion, if not leniency, in sentencing. That tells me they did their best to earnestly represent the victim, as it contradicted their stated desired outcome.

If they'd actually wanted a lenient sentence, they could have just asked for one.

[–] prole@lemmy.blahaj.zone 4 points 1 day ago

Given that the victim is dead, they never should have even entertained the possibility for an impact statement.

If the sister has shit to say, that's one thing. But this is a travesty.