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Sentence tossed in Arizona case where deceased victim was depicted speaking in AI-generated video (apnews.com)

submitted 2 days ago by CorrectAlias@piefed.blahaj.zone to c/news@lemmy.world

16 comments fedilink hide all child comments

An Arizona man’s 10-year manslaughter sentence has been tossed in a case where a video generated by artificial intelligence portrayed the deceased victim addressing a judge before the punishment was imposed.

In a decision released Wednesday, the Arizona Court of Appeals concluded Gabriel Paul Horcasitas must be resentenced in the 2021 shooting death of Christopher Pelkey because the AI video wasn’t reliable.

The court found the video crossed the line, saying it didn’t reflect actual events and presented statements made in the footage as coming directly from the victim.

“Indeed, rather than document an event or recording a particular moment, the AI video presents a depiction of the victim and his thoughts created from the imaginings of the victim’s sister,” the three-judge panel wrote.

Jessica Gattuso, an attorney who represented victims in the case, and Kristen Reller, Horcasitas’ lawyer, declined to comment Thursday on the decision.

Reller had argued Superior Court Judge Todd Lang violated due process protections by relying on AI evidence. Gattuso and prosecutors told the appeals court that the lower-court judge didn’t err, saying the footage was an accurate representation of Pelkey’s character.

In what’s believed to be a first in U.S. courts, Pelkey’s family used AI to create a video of his likeness to give him a voice. Pelkey’s sister, Stacey Wales, raised the idea of her brother speaking for himself after struggling to figure out what he would say.

Wales expected an appeal on the sentence and was disappointed the AI video was cited as the reason, saying her only goal was to humanize her brother for the judge. “It feels unfair because there is a convicted murderer sitting in prison that has blankets and walls of protection around their rights. Where are the rights for the victim?” Wales said.

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[–] modus@lemmy.world 5 points 2 days ago

I haven't been to many murder trials in my day. Was this video used as an attempt to persuade the judge to order harsher sentencing?