Case of Benjamin Elisha
Miami, Florida
Convicted of false imprisonment of a minor and sexually assaulting a 10-year-old in a Swap Shop restroom.
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Table of Contents:
2004
- Child Allegedly Sexually Assaulted At Swap Shop (02/23/2004)
- Man Charged in Sex Attack (02/24/2004)
2005
- Boy's Grandfather Testifies In Sexual Battery Case (06/23/2005)
- Alleged Victim, 10, Takes Stand In Sexual Battery Case (06/23/2005)
- Man Convicted Of Sex Assault In Swap Shop Restroom (62/24/2005)
- Man Found Guilty Of Sexually Assaulting Boy At Swap Shop (06/24/2005)
- Miami Beach man, 61, found guilty of sexual battery on a child (02/24/2005)
2007
- National Sex Offenders Registry (11/28/2007)
2012
- Florida Department of Law Enforcement - Sex Offender Registry (11/28/2012)
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Child Allegedly Sexually Assaulted At Swap Shop
Man Faces Multiple Charges In Alleged Restroom Assault
Local 10 News (Miami/Fort Lauderdale) - February 23, 2004
BROWARD COUNTY, Fla. -- Police say a Miami Beach man sexually assaulted a young boy in a public restroom at the Broward County Swap Shop.
According to the 10-year-old boy, he went in the restroom Saturday and saw a man masturbating in one of the stalls. The man then allegedly grabbed the boy, forced him into a stall, and forced him to perform oral sex. The boy said the man then performed a oral sex on him.
The boy then reportedly punched the man and escaped, immediately telling his grandfather what happened. The grandfather and other patrons detained the man until Broward sheriff's deputies arrived.
Deputies arrested 61-year-old Benjamin Elisha (pictured, above left). He is charged with sexual battery on a child under 12, false imprisonment on a child while committing sexual battery, and lewd or lascivious exhibition.
Elisha reportedly told BSO sex crimes detectives he did masturbate in the restroom, but he denied all sex allegations involving the boy.
Elisha remains in jail without bond.
Swap Shop management said the flea market is equipped with many security cameras and 15 security guards were on duty at the time of the alleged assault. They also said no other such incident has ever been reported at the market.
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Man Charged in Sex Attack
By Hannah Sampson
The Miami Herald - February 24, 2004
A Miami Beach man remained in jail Monday after investigators said he forced a 10-year-old boy to engage in sex acts with him in a Swap Shop restroom.
The child told investigators that he walked into a restroom just after 4 p.m. Saturday at the Swap Shop, 3291 W. Sunrise Blvd. near Fort Lauderdale, and saw Benjamin Elisha masturbating at a urinal.
According to a Broward Sheriff's Office report, Elisha, 61, tried to get the Miami-Dade boy's attention by hissing at him when he walked in. The child, who was at the Swap Shop with relatives, went into a stall, and when he came out, Elisha allegedly grabbed his arm and made him go back inside, BSO spokeswoman Veda Coleman-Wright said.
Investigators said the man forced the child to perform sex acts on him, then performed sex acts on the boy.
At that point, police said, the child got away after punching Elisha and running out of the bathroom to tell his grandfather what had happened. A group of people - including the grandfather, who hit the suspect - kept Elisha from leaving until security guards showed up and called BSO.
Elisha was arrested and later denied that he sexually abused the boy, police said. He admitted to masturbating in the restroom, which he said he didn't believe was wrong ``because he's single,'' Coleman-Wright said.
She said the boy's grandfather was waiting for him outside the bathroom and was just getting ready to go inside to check on the boy.
``You would think that a 10-year-old should be able to go to the restroom alone and be safe,'' Coleman-Wright said.
She said the boy did the right thing by getting out of the restroom and immediately telling his grandfather what had happened.
``The only thing we can tell parents is to remind children that if you go into a restroom alone and there's anything suspicious, just leave,'' Coleman-Wright said. ``If they find themselves inside a restroom and an adult makes sexual advances toward them, scream.''
Elisha was held Monday without bail at the Broward County Jail on two counts of sexual battery on a child under 12 and one count each of false imprisonment on a child while committing sexual battery and lewd or lascivious exhibition.
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Boy's Grandfather Testifies In Sexual Battery Case
NBC (WTVJ-TV) - June 23, 2005
FORT LAUDERDALE, Fla. - The grandfather of a 10-year-old boy who says a man sexually assaulted him at the Fort Lauderdale Swap Shop took the stand Thursday. The boy, who testified Wednesday, said that Benjamin Elisha, 61, of Miami Beach, shoved him into the bathroom of the flea market in February 2004 and forced him to perform sex acts.
The Story In Pictures: Accused Hides Under Desk
In court Thursday, the boy's grandfather described the moments after the boy ran out of the bathroom.
"He was hysterical. It was a look, a way I've never seen before," the boy's grandfather said.
Elisha, who denies the allegations, remains in jail without bond. He faces two counts of sexual battery on a child under the age of 12.
The trial will continue Friday.
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Alleged Victim, 10, Takes Stand In Sexual Battery Case
NBC (WTVJ-TV) - June 23, 2005
FORT LAUDERDALE, Fla. - Opening arguments took place Wednesday in the case of a man accused of forcing a 10-year-old boy to perform sex acts at the Swap Shop. The boy, who testified Wednesday, said that Benjamin Elisha, 61, of Miami Beach, sexually assaulted him in the bathroom of the flea market in February 2004.
The Story In Pictures: Accused Hides Under Desk When the boy went into the bathroom at the Swap Shop, he said, Elisha was there. The boy said he went into the stall and locked the door, but that when he tried to leave, Elisha forced him back inside. Then, the boy claims, Elisha forced him to perform a sex act on him, then Elisha performed a sex act on the boy.
The boy said he punched Elisha, ran out of the bathroom, and told his family, who was waiting for him.
Elisha made a scene in court, hiding under the table and attempting to hide his face from television cameras as his accusor took the stand. Elisha also had several outbursts in court, accusing the media of wrecking his daughter's life, NBC 6's Martha Sugalski reported.
Elisha, who denies the allegations, remains in jail without bond. He faces two counts of sexual battery on a child under the age of 12.
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Man Convicted Of Sex Assault In Swap Shop Restroom
Miami Beach Man Could Face Life In Prison For Assaulting 10-Year-Old
Local 10 News (Miami/Fort Lauderdale) - June 24, 2005
(BROWARD COUNTY, Fla) A jury convicted Benjamin Elisha of sexually assaulting a 10-year-old in a Swap Shop restroom. A jury has found a Miami Beach man guilty of sexually assaulting a boy in a public restroom at the Swap Shop.
The 10-year-old boy went into a restroom at the Swap Shop in February 2004 and saw a man masturbating in one of the stalls.
The man, 61-year-old Benjamin Elisha, then grabbed the boy, forced him into a stall, and forced him to perform oral sex. Prosecutors said Elisha then performed oral sex on the boy.
The boy said he punched Elisha and escaped, immediately telling his grandfather what happened. The grandfather and other patrons detained the man until Broward sheriff's deputies arrived.
The first deputy on the scene said he found the child crying and washing his mouth out with water.
Elisha, 61, was found guilty of sexual battery on a child under 12, false imprisonment on a child while committing sexual battery, and lewd or lascivious exhibition.
Elisha faces a sentence of up to life in prison for the crimes.
His sentencing date has not yet been announced.
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Man Found Guilty Of Sexually Assaulting Boy At Swap Shop
NBC (WTVJ-TV) - June 24, 2005
FORT LAUDERDALE, Fla. - A Miami Beach man was found guilty Friday of two counts of sexual battery on a child under the age of 12. Benjamin Elisha, 61, was accused of sexually assaulting a 10-year-old boy in a bathroom at the Fort Lauderdale Swap Shop.
The Story In Pictures: Accused Hides Under Desk
The boy testified that Elisha shoved him into the bathroom of the flea market in February 2004 and forced him to perform sex acts.
Elisha was also found guilty of false imprisonment of a child and lewd and lascivious behavior.
In closing arguments, prosecutor Stacy Honowitz told the jury Elisha invented theories to hide his crime.
"You have to go back in that jury room and decide whether or not to believe a 10-year-old boy who went to the Swap Shop, or a condom-toting, masturbating individual in the Swap Shop. That's what you get to decide upon," Honowitz said.
In a taped statement to police, which the jury saw Friday, Elisha admitted masturbating in the bathroom but said he believed he was set up, the target of a con.
"This man trying to get money from him," defense attorney Jeff Harris said.
Harris also said police couldn't recover incriminating DNA against Elisha, which Harris argued was enough to find a reasonable doubt that a crime was committed.
"You have to be mentally ill to do something like that. It doesn't take a rocket scientist to figure out that he (Elisha) would be in harm's way immediately -- that he could never get away with something like this," Harris said.
The jury deliberated just over an hour before deciding on the guilty verdicts.
Elisha could be sentenced to life in prison. A sentencing date has not yet been scheduled.
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Miami Beach man 61, found guilty of sexual battery on a child
Sun-Sentinel - June 24 2005
Miami Beach resident Benjamin Elisha, 61, was found guilty Friday of two counts of sexual battery on a 10-year-old boy.
Elisha was accused of sexually assaulting the boy in a bathroom at the Swap Shop near Fort Lauderdale in February 2004, Sun-Sentinel news partner WTVJ-Ch. 6 reported. He was also found guilty of false imprisonment of a child and lewd and lascivious behavior.
Elisha could be sentenced to life in prison.
A sentencing date has not been scheduled.
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National Sex Offender Registry
Florida Department of Law Enforcement - Sexual Offender / Predator Flyer
November 28, 2007
http://www.nsopr.gov/
Designation: Sexual Predator
Name: BENJAMIN ELISHA
Status: County Incarceration
Department of Corrections #: L58741
Date of Birth: 07/08/1942
Race : White
Sex: Male
Hair: Grey
Eyes: Brown
Height: 5'08"
Weight: 160 lbs
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Florida Department of Law Enforcement - Sex Offender Registry
November 28, 2012
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