AI video of manslaughter victim at sentencing hearing raises questions about Sixth Amendment

Loved ones of road-rage shooting victim Christopher Pelkey recently showed a video of him speaking made with artificial intelligence during a sentencing hearing in Maricopa County Superior Court.

The man convicted of shooting and killing Pelkey in 2021, Gabriel Paul Horcasitas, is serving 10-plus years in prison.

Defense attorney Jason Lamm said he had no idea that an AI version of the victim would appear at his client’s sentencing for manslaughter.

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“I personally had a problem with it as to what was said and the authenticity of it,” Lamm said.

Arizona gives crime victims broad range to speak their mind at sentencing. Statements can be written.

But they still come from the victim themself, said Markus Risinger, another attorney not involved in the case. He questions if AI statements for victims unable to take part are constitutional.

“That isn’t really the victim speaking. So I think there is a firm line that I am wary of the court crossing,” Risinger said.

The Sixth Amendment guarantees a defendant’s right to confront witnesses against them.

“It will have to be addressed in an appeal whether or not this is proper. And a notice of appeal was filed the same day as the sentencing,” Lamm said.