In short
Podcast Episode Notes: The Boy Who Killed His Twin
Podcast Title
48 Hours Description: A series uncovering narratives behind impactful crime and justice cases through comprehensive investigations, evidence examination, and interviews with significant figures involved in each case.
Episode Title
The Boy Who Killed His Twin Description: A tragic incident where a teenager kills his twin sister in a stabbing with a defense claiming he was sleepwalking.
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Episode Summary
- Key Incident:
- On September 29, 2021, 17-year-old Benjamin Elliott stabbed his twin sister, Megan, causing her death. He initially claimed to have little memory of the event, suggesting it felt like a dream.
- Phone Call to 911:
- Benjamin’s call to 911 reveals panic as he reported the stabbing. His memory of the event was fragmented, leading to questions about his state of mind during the incident.
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Key Themes and Discussions
- Sleepwalking Defense:
- Medical Evaluation:
- Neurologist Dr. Gerald Simmons examined Benjamin's case, confirming his sleepwalking history and potential medical conditions that could trigger such behavior.
- Parasomnia:
- Benjamin's actions may have stemmed from a parasomnia episode, where individuals can perform complex actions while asleep.
- Investigation Insights:
- Interrogation Techniques:
- Police utilized tactics to elicit more information from Benjamin, including withholding details about Megan's condition.
- Family Dynamics:
- The Elliott family described a close-knit relationship, raising questions about motive and conflicts that were not evident prior to the incident.
- Legal Proceedings:
- Charges and Legal Strategies:
- Benjamin was charged with first-degree murder, and his defense team argued for a lack of intent due to sleepwalking.
- Prosecution's Approach:
- The prosecution held that Benjamin's actions were deliberate, supported by evidence such as the method of the stabbing and absence of blood spatter.
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Key Takeaways
- Family Relationships:
- The bond between twins and the emotional turmoil following such a tragedy highlights the complexities of familial love and conflict.
- Legal and Ethical Implications:
- The case raises questions about mental health defenses in criminal proceedings and the adequacy of legal frameworks to address such unique circumstances.
- Impact of Mental Health:
- The episode emphasizes the need for understanding mental health issues, particularly in cases involving sleep disorders that can lead to violent actions.
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Conclusion The tragic case of Benjamin Elliott leaves listeners contemplating the unpredictable intersections of mental health, familial relationships, and the justice system. As the episode unfolds, it becomes evident that the answers surrounding the "why" of this incident may never be fully understood, leaving a lasting impact on both the families involved and the community at large.
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Additional Resources
- Post Mortem Series: Follow-up discussions on case details and complexities.
- Subscription Information: Access ad-free episodes through the 48 Hours+ subscription on Apple Podcasts.
Related Links
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Written by AI. May contain mistakes. Listen to the episode to check what was said.
Transcript
Automatic transcript. May contain errors.0:00Tax Act knows filing taxes can be confusing, so we have live experts on hand who can help answer any questions you may have. Questions like, can I claim my SUV is my home office if I answer work emails in my car? If I adopted 12 dogs this year, can I list them as dependents? And, am I doing this right or am I doing this very, very wrong? Our experts have the answers to those questions and many others. Tax Act. Let's get them over with.
0:42I just killed my sister. Oh my God. Tell me what your name is. Benjamin Elliott.
0:54Okay, tell me exactly what happened. I thought it was a dream. I kicked my wife and I stabbed her.
1:04Please, I don't want her to buy her. She's trying to get her back. How old is she? 17. We're twins. Is she awake? Yes. She's, like, barely alive. Is there anyone else there in the house with you? There is. It's my parents, but they're asleep. OK, I need you to go wake them up. Mom! Barrett! We're going to have to start CPR right now. One, two, three, four. One, two, three. Keep up in your chest just like that, OK? Where's your son? Where's your son? Please help me. OK, OK, we got EMS is coming.
1:42OK, slow down a little bit. One, two, three, four. One, two, three, four. Can we take over? Can you come out? Thank you. What happened, son? It was a dream. He said it was a dream, honey. What the ? I don't know what. I don't know what. Sheila, it was just a dream and then it wasn't. I'm going to do a search of you real quick and then I'm going to put you in the back seat and I'll just rain, okay? What was your first reaction when you heard about the case? I was skeptical. Why does he have a knife next to his bed at night? This is the first study that we did on Ben. I'm Dr. Gerald Simmons. I'm a neurologist, sleep disorder specialist.
2:26See, these are rapid eye movements. I was asked to review the case of Benjamin Elliott. The claim was that he was sleepwalking and stabbed his sister. We have a video of him right here. Oh, there he is? Yeah, okay. You are convinced this was a sleepwalking incident? Yes. Are you saying then that he did kill his sister, but he didn't intend to kill his sister? I wouldn't say that it's impossible for someone to commit a crime while sleepwalking. I just don't think that was the case with Benjamin Elliott. Were you able to find any evidence that there was a problem with these twins? No, we definitely looked into it and tried.
3:09The biggest thing that they're hanging their hat on is the lack of motive. My name is Megan Long. I'm one of the prosecutors on the case.
3:22This is really hard, isn't it, Mike? I hate this. I hate that she's gone.
3:31This was not Benjamin's fault. I've never thought of him as somebody responsible for this. What makes you so sure that you stabbed your sister while you were sleepwalking? I would never have done that. I loved her. She was my best and closest friend.
3:56Aaron Mariardi reports, the boy who killed his twin.
4:07On the morning of September 29, 2021, 17-year-old Benjamin Elliott was in a Harris County Sheriff's interrogation room in Houston, Texas. So what happened, Benjamin? Do you ever have like a really realistic nightmare? where, like, just everything feels real, but also off at the same time. Benjamin told Detective Frederick Munoz that he stabbed his twin sister once with this knife, but had little memory of what had happened. So you go to sleep. What's the next thing you remember? The next thing I remember is, like, the feeling of stabbing something. I was in her room, and I turned on the light, and I was panicking, and I tried to stop bleeding with the pillow.
5:09So I run in my room, and I unplug my phone, and I dial 911. 911, what's the location of your emergency? I stabbed my sister. How many times did you stab her? Just once. I heard the 911 call and I screamed. What's going on? I was just saying, you what? And I went to go move into the bedroom. As I moved, I saw Megan. And she was, uh...
5:39She was, uh, gray, you know? Michael Elliott remembers calling out to his wife, Kathy. I heard Michael yell. Oh, my God! I was trying to figure out what was going on. and Michael said, the police are here. Where's the brother at? And I just...
5:59Arriving paramedics took over CPR. They took Benjamin out of the house. He was shocked. He said it was a dream. What the... What did you make of that? I don't, I mean, I just, I couldn't believe it. I mean, I couldn't... Not the Ben you knew, so it would have to have been that he was. Something would have had to happen. Benjamin, his parents say, sat handcuffed in a police car for three hours while police, confronted with an apparent homicide, took control of the crime scene. I just need to see her. I need to see her. We can't. I need to see her. Nobody would tell us if Megan was okay, what's going on.
6:35Take a picture for me. Let me see something. Can we see something? No, sir. The Elliott say they felt isolated by the police and eventually called a longtime friend, who is also an attorney. He went and got some information and he told us that Megan had died. It was news police didn't share with Benjamin. Is she okay? Benjamin asked Detective Munoz several times if his sister was alright. She is okay. But the detective withheld the truth. Yeah, last time I know about she was being checked out by the EMS. Authorities say this is a textbook police technique to keep a suspect talking, and they wanted Benjamin talking about his feelings for his sister.
7:22So how's your relationship with Megan? Good. She's my twin sister. I'd do anything for her. No rivalry there? No. You guys have any recent fights or anything like that? No. We're pretty close for siblings. Benjamin, who spoke to police without a lawyer, said he loved his sister and describe what he says he remembered before the stabbing. Phone records show he was scrolling the web, and Benjamin says he thinks he fell asleep somewhere around 2.30 or 3.30 in the morning. Where would that phone be at right now? Somewhere at the crime scene. Benjamin provided Munoz with his iPhone password and permission to search his phone.
8:06Have you ever been diagnosed with an email to illness? No. Benjamin said there were no problems at home and said that he was looking forward to college. I'm thinking about mechanical engineering. I'm taking the SAT, I think, Friday? No, Saturday. Let me ask you, the knife that you had in your hands, where'd you get it from? From my dad. He had given it to me that day. It was like an Air Force survival knife. I was really enamored with it. Benjamin and Megan's parents had a big collection of knives and gear. The family is big into camping. Kathy is senior manager with the Girl Scouts of America.
8:50Michael is a stay-at-home dad. I know that if I had not given him that knife, this would not have happened. And I, um...
9:07After two hours in that interrogation room, at 11 a.m., Munoz finally revealed that Megan was dead. I'm sorry to be the mayor of Benny. Megan did not make him.
9:25He and Megan are so close, you could never picture anything bad happening between them. Long-time friend Drew Whitaker was stunned to learn Benjamin was in police custody. He was very protective of her. She says her family and the Elliots have been closed since 2005. Ben was very engineering-focused. Whitaker, herself an engineer, described Benjamin as soft-spoken, smart, funny, and a bit nerdy, while Megan was sensitive, wrote poetry, and loved to draw. As a teenager, Megan had been diagnosed with autism. And how did she feel about Ben? She loved him. She looked up to him. You would see her walk up next to him when she would feel uncomfortable and just kind of stand by him.
10:14Did he ever get tired of having to take care of Megan? I think he was proud of it. He liked being a protector. The Elliotts say the twins seemed happy in the weeks before the stabbing. With their eldest child, Elizabeth, already off at college, the twins toured separate universities. Megan at this point had started coming out of Michelle as well. She was finding her voice. And she had found friends online. And she had a YouTube channel where she was doing art. The night before Megan's death, father and son spent hours playing popular video games, such as Survive the Nights. It was in that video game that Benjamin noticed a military-style knife that his father said resembled one that he owned.
11:00Michael offered to give it to Benjamin. Unfortunately, I went and got the knife out. The Elliott's remember heading off to bed. Was there any, you know, any problem at all between the twins? The Elliott's, like police, couldn't make sense of why Benjamin stabbed Megan. But police had the teenager's confession, the bloody knife he used, along with a disturbing detail discovered at autopsy. Megan hadn't been stabbed just once. She had two stab wounds. Benjamin Elliott was charged with the murder of his twin sister.
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12:58After several days on suicide watch, 17-year-old Benjamin Elliott was released on bail.
13:10His parents were there waiting for him. I saw them put him out and he just kind of stood there on the sidewalk. And I went, sorry. I went up to him and he seemed, I told him, I said, Ben, you know, and he seemed like he didn't see me. He was surprised to see me.
13:31We started driving and we were asking him if he was okay. And we were getting very, very quiet, sort of quiet, like, you know, single word answers. So Michael pulls the car over and stops and he gets out, comes around and takes his face in his hands and he says, he's like, hi, hi, we love you. Hi. And he just. Yeah. And I saw him kind of, I'm sort of waking.
14:09And then he just hugged us. Yeah. The Elliott's knew they could never sleep in their home again and had already moved in with Kathy's mother. Ben was worried that he might walk around and he was worried that he might do something and he wanted to make sure everybody was safe. The Elliott's were worried too. The first two nights I slept in a chair in front of the door. The couple even installed an alarm on Benjamin's door. Because his attorneys had asked them not to speak with their son about the night Megan was killed. They couldn't ask him the burning question, why? There's never been anything wrong with him at all.
14:47Where my bandwidth was a mental health something. Kathy's father was schizophrenic. She now feared her son might be. So did Benjamin's lawyers, Wes Rucker and Carrie Hart. So we had a psychiatrist sit down with him. I fully expected her to come back and say, he's got schizophrenia or he's severely bipolar. When she calls me up, she said, Wes, he's fine. It blew my mind. They came to suspect that Benjamin experienced something else entirely. He was actually sleepwalking when he killed his sister. Had either one of you ever had a case quite like this? Never. No. You have a twin causing the death of the other.
15:33And the last thing you think of is just a sleepwalking case. But Benjamin had told police the night he stabbed his sister. It felt like a dream. And his lawyers say that sleepwalking defenses have been used successfully in the past. In 1987, Canadian Kenneth Parks drove his car 14 miles to his mother-in-law's home, beat her to death with a tire iron, and stabbed her. He claimed he was asleep the whole time, and a jury believed him. And in North Carolina in 2010, Joseph Mitchell strangled his four-year-old son and attacked two of his other children, all while sleepwalking. A jury also found him not guilty.
16:23The big question here is just whether Ben Elliott, in fact, killed his sister while he was sleepwalking. Correct.
16:35So Benjamin's lawyers reached out to Dr. Gerald Simmons, a neurologist and a sleep disorder expert. When I first was approached, I was very skeptical. The next question is, did I even want to deal with this? My first reaction to this is, you know, well, who else are they going to go to? I mean, within the field of sleep medicine, this is what I do. Simmons wanted to do a sleep study with Benjamin to test if it's possible Benjamin could experience something called a parasomnia. In general, think of a parasomnia as an abnormal behavior that occurs during sleep. Like sleepwalking. Sleepwalking would be a parasomnia.
17:17Simmons asked if Benjamin had a history of sleepwalking, and his lawyers say he did. When he was about 10 years old, Benjamin's older sister Elizabeth found him sleepwalking by her bedroom door. There was also a sleepover with childhood friends the night this photo was taken. When Benjamin was found asleep on a couch, eating a donut, when they woke him, he seemed surprised and confused. Simmons also learned that there were other members of the Elliott family who sleepwalked. The likelihood genetically is higher to have parasomnias, specifically non-rem parasomnias, if there are other family members that have had that.
18:01My uncle apparently used to sleepwalk when he was a teenager. He would go out into the garage with the tools, and apparently he walked in on my mom one time when she was in the shower. Kathy also had an aunt who once walked out of her house while she was asleep. Ran out into the woods in the middle of the night. He was waking up in the middle of a thunderstorm outside. You know, here's a video of him right here. Simmons conducted two sleep studies with Benjamin in his sleep lab six weeks apart. In each, Benjamin was hooked up to machines that monitored just about everything his body did as he slept.
18:38This is brainwave activity here. So we did the sleep study. I saw that he had obstructive sleep apnea. Obstructive sleep apnea, says Simmons, is where the airway becomes partially blocked, creating a disturbance in the sleep pattern. So he's sleeping, struggling a bit to get breath, and that could be the trigger. Yes. A trigger that Simmons says could cause a sleepwalking episode, particularly when Benjamin's brainwaves enter what is known as a non-REM slow-wave sleep. Now we've been slow-wave sleep. This is slow-wave sleep. Sleepwalking will typically occur in non-REM slow-wave sleep. During the sleep studies, Benjamin did not sleepwalk, but Simmons observed how quickly Benjamin entered that non-REM slow-wave sleep.
19:31So it was 11 minutes from the time we turned off the lights until he was in slow-wave sleep. This is important because on the night Benjamin stabbed Megan, his phone activity stopped at 4.17 a.m. It was just 24 minutes later that he was on his phone calling 911.
19:55Simmons says the fact that Benjamin is able to reach slow-wave sleep so quickly means it's possible Benjamin was sleepwalking during that period of time his phone was inactive. I thought it was a dream. Do you believe Ben killed his sister without even realizing he was doing it in his sleep? Yes. Ben definitely killed his sister. He did it. There's no question. He's the one that had the knife and he stabbed her. But I believe it was part of a parasomnia. He didn't do this voluntarily. There was no motivation. Dr. Simmons' findings took Benjamin's parents by surprise. It's scary as hell. If that can happen to us, then that could happen to anybody with a sleep problem.
21:04He realized he was sinking the knife into something or someone, and then woke up and realized it was his sister. After sleep expert Dr. Gerald Simmons made his assessment that Benjamin was sleepwalking when he killed his twin sister. The Elliots were hopeful prosecutors might drop the case. At that point, we thought it might not go to trial. But in April 2023, a year and a half after Megan's death, a grand jury indicted Benjamin Elliott, then 19 years of age, a first-degree murder. We just didn't think that what we saw was sleepwalking. Megan Long and Maroon Khutani would handle the prosecution.
21:52It wasn't Long's first sleepwalking case. In 2019, she successfully convicted a man who claimed he was sleepwalking when he shot and killed his wife. And Long told us she herself was a sleepwalker, as were her children. Still, Long disputes the Elliott's claim of a family history, since she says neither of Benjamin's parents have been sleepwalkers. From our conversations with our sleep expert, family history of sleepwalking is a factor. It's more prevalent when it's like first-degree family members, so your parents. The prosecutors hired their own sleep consultant, psychologist Dr. Mark Pressman, who concluded Benjamin was not sleepwalking when he stabbed Megan.
22:42He says sleepwalkers become aggressive only when someone physically interferes with them. And they respond by hitting or kicking or throwing furniture, but that's like a reflex, you know, an instinctive reflex to protect themselves. And he points out that Benjamin would have had to have unsheathed the knife before he used it in the stabbing. which Pressman believes is a complex conscious action, not an unconscious one. The next thing I remember is the feeling of stabbing something. He also says it's unusual for a sleepwalker to recall details the way Benjamin did to authorities after he stabbed Megan.
Read the full transcript
23:29He remembered the feeling of the knife going into the neck. That's a memory. Okay, shouldn't be able to have that memory. Aren't there sometimes pockets of memory? Not in these cases, no. Dr. Simmons disagrees. He says Benjamin told police what he could recall. If he was trying to fabricate this or just use this as an alibi, it would have been just as easy for him to say, I don't remember anything. Instead, he's, I interpret it as he's trying to be as honest as he can. But Pressman felt he had enough information to make his determination. You didn't think you needed to talk to Ben? No. Prosecutor Long knew she needed more than an expert's assessment to convict Benjamin, especially because she couldn't identify a motive for murder.
24:20No one had witnessed any problems between the twins. Is there no motive because he was sleepwalking, or is there no motive just because no one's willing to come forward and tell us? And they think they could convince a jury that Benjamin's actions were intentional that night, stabbing Megan twice. One wound was four inches deep and severed her carotid artery and jugular vein. So he's saying that he stabbed her in the neck, removed the knife with where she was stabbed. Blood would be coming out of her neck. You should see some sort of blood spatter on the walls. and there isn't any of that. Benjamin had told police he used a pillow to stop the bleeding.
25:03And I tried to stop bleeding with the pillow and that was behind her. I like to do that. Long doesn't believe that. I think he wanted to cover her face. I think maybe even muffle if she were to scream or anything like that. The only way for there not to be that blood spatter is it had to be there when he took the knife out. It wasn't there for life-saving measures. But he's calling 911. So he's not trying to hide what he had done, right? I think at that point, when he's making that 911 call, he realizes, I can't hide what I've just done.
25:42Kutani claims Benjamin is whispering on the 911 call. And is suspicious why he's not yelling to his parents for help.
25:58I think he's whispering because he doesn't want his parents to come to the same reality that he's now living in, that he took his sister's life. I think that that's why he doesn't awake them before calling 911. I think that's why he doesn't scream in the house when he realizes what he's done. And they argue Megan was already dead by the time Benjamin called 911. Okay, sir, can we take over? By the time EMS got there, she wasn't breathing on her own. She had no heartbeat. Our medical examiner said that with the wound that she suffered from, she would have been dead within minutes. Benjamin's interrogation raised even more questions, they say, especially when Benjamin described his house as a crime scene.
26:48Benjamin Elliott is asked by Deputy Munoz, where's your phone? Benjamin Elliott responds with, it's at the crime scene. And to us, that was significant. Not many 17-year-olds would respond with, at the crime scene. Most people would say, at my house, in my room. And there is more, says Kutani. His demeanor and his behavior is very calm. Certainly not the type of behavior you would expect from somebody who comes to with a knife in their hand and their sister dead in the sleep of her own bedroom. Could he be in shock? I mean, realizing what he had done? Isn't that possible? I think based on his response to Deputy Munoz in a couple portions of the interview, we can tell that he's not necessarily in shock with what the consequences of his actions were.
27:38During the interview, Benjamin told police that his sister had struggled with her mental health. My sister had a pretty severe depression for a while, Megan. To prosecutors, that suggested maybe everything wasn't so perfect in the Elliott family, a contention that Benjamin's lawyers find ridiculous. They say investigators made virtually no effort to learn about the Elliots or Benjamin. They don't have a clue about this kid. They weren't even curious. He would know what was going to happen to him if he killed his sister. There was nothing for him to gain. There was everything for him to lose. There's just no reason why he would have done that.
28:28Before trial, prosecutors offered Benjamin a 30-year plea deal. He turned it down. The tragedy is now the family lost their daughter, but they're now losing their son. He's on trial for his life.
28:49Rated T for Teen.
29:19Welcome to Radio Rental. The scariest stories you've ever heard in your life. All told by real people. And off we go. This wasn't a human being that I saw. There's something here in this house. Something not of this world. There was a woman moving through the hall. I stepped back and I was completely alone. Radio Rental is available now. Listen for free on Apple Podcasts, Spotify, or wherever you get your podcasts.
29:54He's a victim. He went to sleep. He woke up and he found out he had killed his sister. After struggling with Megan's loss, the Elliotts now face the possibility they could lose Benjamin, too. It's a nightmare that happened to all of us. All right for the jury. Benjamin's first-degree murder trial began on February 18, 2025. You tell your colleagues, I have a client who killed his twin sister and we believe he was sleepwalking, and they think you're crazy. But with no evidence of any problems between the twins, Benjamin's lawyers hoped they could convince a jury that sleepwalking is the only explanation.
30:37Even prosecutors knew the lack of motive could be a problem. I think our biggest hurdle going into this trial was the why. So you made sure you had jurors who at least be open to the idea they may never know why Megan Elliott was stabbed. Right. In his opening remarks, Maroon Katani made it clear that while there was no motive, they had their murderer. He calls 911 at 441. Hello? Hello? Hello? I just killed my sister. I stabbed her with a knife. Oh my God. He's whispering. Prosecutors told jurors about Benjamin's behavior during that interrogation. And you'll see his demeanor in the interview.
31:25Pointing to Benjamin's reaction when the detective tells him Meghan is dead. I'm sorry to tell you this, but Meghan has succumbed to her injuries. And the defendant says, hmm.
31:40Witnesses offer details about her wounds, the lack of blood spatter, and the prosecution's theory that Benjamin covered Megan's head with a pillow while he stabbed her. And Benjamin's father was surprised to learn that prosecutors would ask him to identify Megan's body for the record. This is a photo taken from an autopsy.
32:11Yeah, that's making... Enough for the question, John. After the prosecution rested, defense attorneys Carrie Hart and Wes Rucker took over. Good morning. Making their case about sleepwalking. And this is not a ruse. This is not some defense to get in off of a tragic, tragic set of circumstances. This is a real phenomenon. And that call Benjamin made to 911? The defense says that's evidence he was desperate to save Megan. He's saying things like, oh my God. I thought it was a dream. I thought it was a dream. I don't want her to die. I don't want her to die. He's trying to do CPR. One, two, three, four.
32:55Family friend Drew Whitaker told the jury about Benjamin's devotion to Megan. Ever notice that if the sweet kid or the tender kid changed into somebody else? Absolutely not. Appearing by Zoom, childhood friend Anand Singh told the jury about that sleepover when he found Benjamin asleep and eating a donut. Just the sheer confusion on his face. Like, he genuinely seemed baffled as to how that happened. Benjamin's great-aunt, Martha Knight Oakley, a psychologist, told the jury about her own sleepwalking history, including finding herself in the woods one night. All I know is I came to, in the bushes, clutching my dog.
33:42But the defense team's star witness was Dr. Gerald Simmons. He testified for four hours, detailing the science and sleep studies that convinced him of Benjamin's innocence. It totally fits in line with a process we call sleepwalking violent behaviors. On rebuttal, prosecutors called their own sleepwalking expert, Dr. Mark Pressman. I concluded he was not in a sleepwalking state. How did you come to that conclusion? He had memory. He is said to have come out of the state much faster than any sleepwalker could ever do. In closing arguments, prosecutors described a deliberate murder. Benjamin Elliott walked into his sister's room with this very knife and he stabbed her in the neck twice.
34:34There's no blood spraying in the room. You know why? The only thing soaked in blood is the pillow that he muffled her screams with. Benjamin's defense attorneys pushed back. If you're trying to cover something up, you're not calling 911. You're not begging for someone to help your sister. And they appealed for justice. You do not convict a young man, a 17-year-old, because of how he looks or because how he answers interrogation questions. But prosecutor Megan Long had the final word, and she suggested the family was involved in a cover-up. That began with calling the friend who is a lawyer. Look, I'm a mother.
35:13I understand wanting to protect your children. I get it. But you can't let them get away with it. They have been protecting him from the get-go. Long didn't leave it there. They want to say that this family life was perfect, but we don't necessarily know what happens behind closed doors. And what she said next stunned the courtroom, filled with the Elliott family and friends. I want you to look in this courtroom. There are so many people here for Benjamin. There is not one person here for Megan. I'm going to object to that. But the judge let the prosecution continue. You have to be her hero. He knew exactly what he was doing.
35:58There's been no remorse shown here in this courtroom by him. After four days of testimony, the case went to the jury. We took a vote immediately. Jurors were divided. It was split seven to five. Could they reach a verdict?
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37:31I was a sleepwalker, and one of my own children used to sleepwalk too. Several of the jurors who decided Benjamin's fate knew a lot about sleepwalking. You know someone who was a sleepwalker? Absolutely, yes. Had a family member, yes. On my mom's side, my grandfather. But even with their experience, they were deeply conflicted about Benjamin. We spent a lot of time with the interview by the detective. I'm taking the SAT, I think, Friday? He talked about how he was going to go take the SAT. He just seemed to not have a lot of remorse. It didn't take them long to come to a unanimous decision. All right, for the jury.
38:18My understanding is that y 'all have a verdict, is that correct? Yes, sir. After four hours of deliberations. We, the jury, find the defendant, Benjamin David Elliott, guilty of murder as charged in the indictment, signed by the foreman of the jury, printed by the foreman of the jury. I remember hearing guilty. And I was completely shocked. Benjamin Elliott, who did not testify at trial, later spoke to 48 Hours inside the county jail. I feel like this has been a, I don't know, a miscarriage of justice. I am not guilty of murder for my sister, Megan Elliott. Benjamin, now 21 years old, said he and his family were appalled by the way Prosecutor Megan Long ended her closing argument.
39:12There are so many people here for Benjamin. There is not one person here for Megan. That was crazy to me. What do you mean? Everyone in that courtroom was there for Megan. I understand wanting to protect your children. And his parents were outraged by the statements made by prosecutors hinting to problems within the family. We don't necessarily know what happens behind closed doors. They were lying. Yeah, it was horrible. They waited until the closing when they knew that nothing could be said afterwards to pull out these outlandish implications about you don't know what happens behind closed doors.
39:54Yeah, she knows damn well there's not a shred of evidence that anything untoward was happening in our house, in our family.
40:08Benjamin and his parents had little time to let the guilty verdict sink in. Does he have to say hug? Yes. They were back in court for sentencing the following day. And he is the one that went into her room that night and snuffed the life out of her. Prosecutors asked for 40 years, but a member of the jury asked the judge for leniency because he worried about Benjamin's family. Stand up, Mr. Elliott. Judge Danilo Lacayo told the court he wanted a sentence that he could live with. I sentence you to 15 years in prison. This time you will go with the... The request for leniency, says Benjamin, makes him wonder if a few jurors have more doubts than they wanted to admit.
40:55If you believe that I crept into my sister's bedroom and murdered her while she was asleep, why would you possibly want leniency for that person? That person is horrible. Are you that person? No. I'm not. I'm not that person. I mean, I'm... I try to be genuine. I try to be honest. I'd like to think of myself as a good person. Benjamin says authorities misconstrued everything he did. It's Patrick. Started with that 911 call. The prosecutors say you were whispering on the phone. Were you? No, that's ridiculous. I wasn't whispering.
41:46I was panicked. I wasn't screaming into the phone. Because I'm just not a... I don't really yell. And Benjamin insists that as soon as he realized what he had done, he was trying to help Megan, using the pillow to try to stop the bleeding. The state says that you didn't use the pillow to try to stop the bleeding. You did it to keep her from screaming. What do you say to that? That's crazy to me. And there's absolutely, absolutely zero forensic evidence for that at all. And what about his seemingly calm demeanor throughout the police interview? The plan is I'm taking the SAT. You're talking to a deputy, and you're talking about SATs and colleges.
42:36I'm trying to get my mind off of things. I've got some issues with school stuff sometimes. I think you can see it in the conversation. I keep pretty much steering the conversation away from what happened. I don't want to think about it. As for learning Megan had died, Benjamin says he just shut down and that he was desperately hoping she'd be okay. Do you feel you're guilty of anything? No. You don't? No. No, I don't think this is my fault at all. I used to blame myself for it because it's like, I mean, I was the one holding the knife, right? but I mean I've come to realize that I'm not you know I couldn't have done anything any different than what I had done
43:30and Benjamin says he misses his twin
43:37it's really hard that she's not here Isn't it hard to know that it's because of you she's not here? Yeah. Yeah, it's really hard. We did everything together. We were very, very close. She was a wonderful person. She was an artist. The way she looked at the world, she looked at it with a creative mind. so she would just see just beautiful things everywhere.
44:22Benjamin Elliott will be eligible for parole in 2032. When he is 28 years old, he is appealing his conviction. Join me Tuesday for Postmortem from 48 Hours, where we'll dive even deeper into today's episode and answer your questions about the case. Can you keep a secret? Dad, it turns out I hadn't died. Now streaming on Paramount+. The money from your dad's life insurance finally came through. Please, this is fraud. A new original series. You have to give the money back. What sort of friend blackmails their own mates? We're a crime family. Don't be silly. We're just a bit complicated, like the Beckons.
45:12Can you keep a secret? New series, now streaming on Paramount+.
45:36and TV shows like Survivor, SpongeBob SquarePants, The Fairly Odd Parents and Ghosts, Pluto TV is always free. Huzzah! Pluto TV, stream now, pay never.
From the publisher
A teenager stabs his sister – a crime with no known motive. His defense says he was sleepwalking.
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