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Naked model sues over surprise pics

jfleischman@MiamiHerald.com

Supermodel Elsa Benitez, ex-wife of former Miami Heat center Rony Seikaly, is the ''Jane Doe'' plaintiff in an invasion of privacy lawsuit in Miami federal court. She says a paparazzo shot close-ups of her -- naked -- outside her home on gated Sunset Island II in Miami Beach.

Defendants: Noticias Digitales; Splash News & Pictures; Egotastic.com, and unnamed photographers.

''Plaintiff sunbathed in the nude, as is often done by professional models in order to avoid tan lines,'' says the complaint, filed by attorneys Evan Marks, Paul Schwiep, Kendall Coffey, Robert Burlington and Natalia Salas. ''She was in her private and secured backyard, and possessed a vital and well-founded expectation of privacy.'' The lot is ''heavily landscaped'' and has a five-foot-tall wooden fence ''to ensure her privacy,'' the suit says. 'No one can gain visual access to her backyard without illegally trespassing. . . . Defendants' conduct constitutes video voyeurism.''

The unidentified photog shot more than nine images last month and sold them, the suit alleges. They're on the Internet.

Benitez, 33, who has appeared on the covers of Vogue, Elle, Glamour and Sports Illustrated, also alleges emotional distress and misappropriation of image.

The defendants' attorneys could not be reached for comment.

Benitez bought the six-bedroom home for $3.575 million in October '06, when she and Seikaly divorced. They have a daughter, Mila, 5.

COLLECTION OF CHARGES

Ken Gorin, president of The Collection luxury auto dealership in Coral Gables, is set to stand trial in Miami-Dade Circuit Court -- on cocaine, marijuana and drug paraphernalia possession charges. He also faces a DUI trial in county court.

Gorin, 52, driving a silver '09 Jaguar sedan, got pulled over on the MacArthur Causeway near Palm Island at 2:04 a.m. June 6. Cops say he was doing 72 in a 50 mph zone, and ``straddling his lane.''

During the roadside sobriety test, ''defendant was extremely agitated as I gave him directions,'' Officer Martin Dionne's arrest reports say. ``Defendant was cocky and insulting.''

Police say they found white powder in a ''small red container'' in his right front pants pocket. And, ``in defendant's vehicle I found a plastic bag containing a marijuana pipe with residue.''

From the reports: 'When I showed defendant the marijuana pipe in his bag, defendant stated: `Where did you find that? I haven't used that in years.' ''

And: 'Defendant mentioned that he'd had a colonoscopy at 12 p.m. . . . When I asked defendant what the doctor had told him about resting, defendant stated `he told me not to drive or drink alcohol, just to rest at home.' ''

Gorin declined a breath-alcohol test.

He has pleaded not guilty to all four charges. His attorney, David Rothman, issued this statement: ``Ken Gorin is sincerely sorry and accepts responsibility for his behavior. He apologizes to his family, the staff at The Collection, and to the arresting officer. The bad judgment he exercised, especially by driving the day he had a colonoscopy, is out of character for someone who is a pillar of our community and a good and caring person.''

Circuit Judge Mark King Leban has the drug case. County Judge Maria Ortiz has the DUI.

As for Gorin's colonoscopy, he got a clean bill of health.

UNSAFE?

Victim of a burglary: Peter Loftin, owner of Casa Casuarina, the former Gianni Versace mansion on South Beach. Loftin, 50, told Miami Beach police that someone broke into the bedroom safe at his home in the 4800 block of Alton Road and purloined $312,000 worth of jewelry. ''No . . . forced entry'' to the safe, the report says. ''Inside job,'' Loftin adds.

Missing: a $100,000 Chopard Imperiale watch; an $80,000 Breitling watch; 2 Rolex Cosmograph watches valued at $50,000 each; a $12,000 Rolex Submariner; and a $20,000 pair of Cartier cufflinks.

Loftin, out of town since Sept. 2, discovered the break-in on Thursday.

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