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0:30

Tim's limited

0:32

time us only a note before

0:34

we begin. Today's episode heavily discusses

0:37

the topic of suicide. If you find that

0:40

the discussion becomes overwhelming or triggers negative

0:43

emotions, please prioritize your mental health above

0:46

all else. Consider skipping this episode or reaching

0:49

out to a support helpline in your area.

0:51

You are not alone.

0:52

Voices for Justice is

0:54

a podcast that uses adult language

0:57

and discusses sensitive and potentially devastating

0:59

topics including violence, abuse,

1:02

and murder. This podcast may

1:04

not be appropriate for younger audiences. All parties

1:07

are innocent until proven guilty

1:09

in a court of law. Some names have been

1:12

changed or omitted per their request

1:14

or for safety purposes. Listener

1:15

discretion is advised. My name is

1:17

Sarah Turney

1:20

and this is Voices for Justice.

1:25

Today

1:25

I'm continuing my coverage of the suspicious

1:28

death of 27-year-old Ellen Greenberg.

1:30

This is part 2 of a two-part series,

1:33

so if you haven't listened to part 1, go back and listen to that

1:35

first or this isn't going to make any

1:37

sense.

1:38

There are a lot of details in this case to keep in mind

1:41

as we discuss this story. In

1:44

part 1, I detailed the death of Ellen, who

1:47

was found in her Philadelphia apartment with 20 stab

1:50

wounds to her chest, abdomen, head,

1:52

and neck on January 26, 2011. Ellen's

1:56

fiancé, Sam Goldberg, told

1:58

police that he went to the

1:59

him around 4.45pm. When he returned 30-45 minutes later, he found

2:02

their apartment door locked

2:07

from the inside, the swing bar was

2:09

engaged, and he couldn't get in. Sam

2:12

told police that he tried to get a hold of Ellen for the next

2:15

hour, but she wouldn't answer the door

2:17

or pick up her phone.

2:19

Sam said that just before 6.30pm,

2:22

he went to the first floor of the apartment complex

2:24

and asked the security guard to accompany him.

2:27

Sam told police the guard went back upstairs

2:30

with him, and was there when he broke

2:32

the door down, went inside, and

2:34

found Ellen dead in the kitchen. Very

2:37

quickly, investigators determined that Ellen

2:39

had completed suicide, but

2:41

when medical examiner Dr. Marlon Osborn

2:43

performed an autopsy, he concluded

2:45

that Ellen had been murdered.

2:47

Despite these findings, police told the media

2:50

that they didn't consider Ellen's death a homicide,

2:53

instead they were calling her death suspicious.

2:56

In mid-February, the Philadelphia Police

2:58

Department officially declared Ellen's death a

3:00

suicide. At that point, Dr.

3:02

Osborn maintained that Ellen had been the

3:04

victim of a homicide, but

3:06

then, just a few weeks later, on March 3rd,

3:09

he switched her manner of death from homicide

3:11

to suicide. Ellen's manner of

3:13

death has not been changed since then. Ellen's

3:16

parents, Josh and Sandy, refused to believe

3:18

that Ellen had completed suicide, so only

3:21

set out to investigate the case themselves. They

3:24

hired multiple attorneys and notable experts,

3:27

who basically all came to a similar conclusion.

3:29

It

3:30

was unlikely that Ellen stabbed herself.

3:33

In 2017, one of the Greenbergs'

3:35

attorneys was elected Philadelphia's district

3:37

attorney. After he took office

3:40

in 2018, the Greenbergs asked him to

3:42

reopen Ellen's case,

3:43

but he referred the request to the state attorney

3:46

general's office due to the conflict of interest.

3:49

They agreed to take the case, and all

3:51

of the evidence the Greenbergs' attorneys and all

3:53

these experts had uncovered was

3:55

sent to the attorney general's office.

3:58

That's where we left off in part with Ellen. Here's

4:00

what happened next. There

4:03

were no updates on the Attorney General's investigation

4:05

until March 2019, when journalist Stephanie

4:08

Farr wrote an article for the Philadelphia

4:11

Inquirer. While researching the

4:13

article, Farr contacted the Attorney General

4:15

to ask where the case was at. He

4:17

responded, saying that the office had conducted

4:19

their own thorough investigation to determine

4:22

a manner of death.

4:24

He said they interviewed Dr. Osborne, who

4:26

performed Ellen's autopsy, and

4:28

his boss, Chief Medical Examiner

4:30

Dr. Gallino.

4:32

The office also met with the Greenbergs representatives

4:35

and reviewed all the information they had

4:37

uncovered. They also went through Ellen's cell

4:39

phone and laptop records.

4:42

Now, if you recall from Part 1, Ellen's

4:44

personal laptop was sent to the FBI

4:46

for analysis. According

4:48

to Dr. Osborne's autopsy report,

4:51

that analysis provided no additional

4:53

information.

4:55

But when the AG's office looked through Ellen's

4:57

laptop and phone, they said they found

4:59

evidence that supported suicide as

5:01

Ellen's manner of death.

5:03

The AG told journalist Stephanie Farr,

5:06

quote, "...among the additional evidence we

5:08

reviewed were web searches for methods

5:10

of committing suicide, quick death,

5:13

and depression done on Ellen's personal

5:16

computer in the weeks before her death."

5:20

The AG said they also found text messages

5:22

between Ellen and a family member on the

5:24

day of her death, which showed Ellen

5:26

in quote, "...serious mental distress."

5:30

The AG told Farr that based on the laptop

5:33

and cell phone evidence, his office,

5:35

quote, "...concluded that this evidence

5:37

supports suicide as the manner of death,"

5:40

end quote, and they closed the investigation.

5:43

Now, in addition to his statement about the case being

5:45

closed, the AG provided a few

5:47

reports outlining what they found on Ellen's

5:49

laptop and cell phone.

5:52

Let's start with what was found on the laptop.

5:55

On Saturday, December 18, 2010, at 2.36 p.m., there was a Google search

5:57

for the case.

5:59

search for suffocation.

6:02

The user then viewed a website about suicide

6:05

methods.

6:06

A few weeks later, on Monday, January 3rd, 2011,

6:08

at 1209 a.m., the user viewed two CNN videos, one

6:14

about a sex fantasy death and

6:17

one about a model death.

6:19

On Thursday, January 6th, at 157 and 158

6:23

a.m., there were Google searches for Zoloft

6:26

and Zoloft vs. Prozac.

6:29

That evening, the user looked at a CNN article

6:31

about the murder of John Wheeler III,

6:34

a former White House aide.

6:36

On Sunday, January 9th, starting at 3.13 a.m.

6:38

and ending at 3.31 a.m., the user made Google searches

6:43

about Zoloft and its side effects.

6:46

The user then accessed multiple articles

6:48

on the topic.

6:50

That evening, at 11.35 p.m.,

6:52

the laptop was used to look at articles about a

6:54

girl who was electrocuted while using

6:57

Twitter in a bath.

6:58

Between 1240 and 1243 a.m., on what was now January 10th, the

7:04

user Googled quick death and

7:06

quick suicide.

7:08

The user then read a few articles about euthanasia

7:11

and painless suicide.

7:14

These are the last searches included on the report.

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just as a refresher, in part

9:28

one, I told you that Ellen started seeing a psychiatrist

9:31

on January 12th. This would be two days

9:33

after that final Google search related to

9:35

suicide.

9:36

But during her sessions, Ellen told her psychiatrist

9:39

that she was not suicidal.

9:41

I will also say that after reviewing

9:43

the laptop records, the Greenbergs made a pretty

9:46

good point that stabbing would not

9:48

fall under painless suicide.

9:51

Now, let's talk about the text messages from

9:53

Ellen's phone.

9:54

On January 25th, the day before

9:56

Ellen was found dead, Sandy texted

9:59

Ellen, quote,

10:00

You need to see a professional."

10:03

Ellen replied, quote, Okay,

10:05

I'm trying, just scared a bit for everything.

10:09

Now in the files, there weren't any

10:11

texts included from January 26th,

10:14

but we do know that that morning Ellen spoke

10:16

to her mom on the phone, and she

10:18

said everything seemed fine with Ellen.

10:21

She also talked to a friend around noon, and

10:23

again, that friend says that nothing seemed out of

10:25

the ordinary.

10:27

After reviewing these files, the laptop,

10:29

the phone records, journalist Stephanie

10:31

Farr asked the AG why the

10:33

computer and text evidence weren't included

10:36

in the original investigative report in 2011, and

10:39

why that evidence was not in the DA's

10:41

report made available to the Greenberg's

10:44

private investigator. The

10:46

AG responded that his office didn't

10:48

find the analysis in the DA's file,

10:51

so they, quote, cannot say

10:53

of anyone, police or prosecutor,

10:56

ever looked at it, end quote.

11:00

He said the AG's office obtained the

11:02

analysis directly from the regional

11:04

computer forensics lab in 2018. Now

11:07

Stephanie Farr kept asking questions.

11:10

She asked the AG about the neuropathologist

11:13

Dr. Rourke Adams.

11:15

If you recall from part one, Dr.

11:17

Osborne's autopsy report stated that

11:19

Dr. Rourke Adams had examined

11:21

Ellen's spinal cord and made a huge

11:24

determination that

11:25

Ellen was not incapacitated

11:28

after the wound to her spinal cord,

11:30

which meant she still would have been able to stab

11:32

herself after suffering that injury.

11:35

When the PI looked into Ellen's case in 2015, he wasn't able

11:39

to find that report. He

11:41

even asked the police and the medical examiner's

11:44

office for a copy, but they said

11:46

they couldn't find it, and there was never an

11:48

invoice for the service. While

11:50

writing the Inquirer article, Farr

11:53

reached out to Dr. Rourke Adams to ask

11:55

about Ellen's spinal cord. She

11:57

told Farr she had no recollection of

11:59

working on it. on Ellen's case.

12:02

She further said that the lack of any invoice

12:04

or report of her findings confirms

12:07

that she had no involvement in the case.

12:10

So Far goes back to the AG with this

12:12

and asks for comment. The AG

12:15

denied Dr. Rourke-Adams' claims and

12:17

said there was, quote, "'ample evidence,'

12:20

end quote, that she did review the spinal

12:22

cord."

12:23

See, the thing is, while they couldn't find an

12:25

actual report of Dr. Rourke-Adams'

12:28

review of the spinal cord, there was a

12:30

line in the autopsy report referencing

12:32

this examination and statements

12:35

from two detectives stating that the exam

12:37

did happen.

12:39

After the release of Stephanie Farr's Inquirer

12:42

article, the Greenbergs and their attorneys

12:44

continued to work on Ellen's case. They

12:46

still believed, without a doubt, that Ellen

12:49

had not completed suicide.

12:51

Now, because the AG's office had already

12:53

closed their investigation, the attorneys

12:56

felt like the next best thing to do was reach

12:58

out to the medical examiner's office and

13:00

ask them to change Ellen's manner of death.

13:03

In June 2019, one of the Greenbergs'

13:06

attorneys submitted their findings to the medical

13:08

examiner's office, and they asked Dr.

13:10

Gollino, the chief medical examiner, to

13:12

reconsider Ellen's case.

13:14

They also asked Dr. Osborne to change

13:17

Ellen's manner of death.

13:19

In the end, Dr. Gollino and Dr.

13:21

Osborne refused, but the Greenbergs

13:23

kept fighting.

13:25

In September 2019, clinical

13:27

neuropsychologist, Dr. Louis Lazarus,

13:30

reviewed Ellen's case using a 3D computer

13:33

program. This program created images

13:36

of all of Ellen's stab wounds. He

13:38

also used this program to recreate the injuries

13:41

under the assumption that Ellen stabbed herself,

13:43

like the police and medical examiner's office

13:46

claimed she had. And this is

13:48

what the program says. It was impossible

13:51

for Ellen to deliver 11 of the 20 stab

13:53

wounds to herself.

13:55

And none of Ellen's injuries were

13:57

hesitation wounds.

14:00

The program also picked up on the bruising on Ellen's

14:02

body, namely bruises to her wrists

14:04

and ankles. There was also evidence

14:07

of defensive wounds.

14:09

Now, while this program couldn't determine the order

14:11

the wounds were inflicted in, it did

14:14

show that one of the stab wounds would have made

14:16

contact with her brain

14:18

and the other with her spinal cord.

14:21

Dr. Lazarus determined that the deeper wounds

14:23

to Ellen's head and neck would have

14:25

led to, quote, impaired coordination,

14:28

semi-consciousness and unconsciousness,

14:31

end quote.

14:34

And all the injuries combined would

14:36

have caused, quote, unconsciousness,

14:39

cranial nerve defects, severe

14:41

facial pain, impaired coordination,

14:44

impaired or a loss of vision,

14:46

seizure, weakness, blood

14:49

loss, loss of heart rate and

14:51

blood pressure, hypoxic brain

14:53

damage, respiratory failure, cardiac

14:56

dysrhythmia and loss of

14:58

cerebrospinal fluid, end

15:00

quote.

15:02

In his report, Dr. Lazarus added

15:04

that it's very rare for someone to complete suicide

15:07

with a sharp instrument like a knife.

15:10

We've heard this from other experts before.

15:12

He said that this method accounts for approximately 2

15:14

to 3% of suicides,

15:17

a majority of which are male victims.

15:20

So it's possible, but extremely

15:23

unlikely.

15:24

He further noted, quote, although

15:27

the number of sharp wounds has not been predictive

15:29

of suicide versus homicide, the

15:31

nature of the wounds, the location

15:34

of the wounds, and behaviors surrounding

15:36

the wounds have been very predictive,

15:38

end quote.

15:40

He also said that the location of the wounds

15:42

helps determine if a victim died from suicide

15:44

or homicide.

15:46

A review of studies of suicide by stabbing

15:49

revealed a consistent finding of wounds

15:51

to the chest, neck, wrists,

15:54

and abdominal area.

15:55

And the trajectory of self-inflicted wounds

15:58

are usually uniform.

16:00

But in Ellen's case, she had wounds

16:02

to the back of her neck, the top of her head,

16:04

as well as her chest. And

16:06

there was a variety of trajectories of

16:08

her injuries. They were coming from multiple

16:11

different angles. And

16:13

again, like we saw with the other experts, Dr.

16:16

Lazarus reported that most suicides

16:18

involving a sharp instrument include

16:20

that person lifting their clothing before

16:22

stabbing themselves. And

16:25

we know Ellen's stab wounds happened through

16:27

her clothing.

16:29

And here's one of the big ones. He says

16:31

that those who complete suicide are typically

16:33

found in the same position they were located

16:36

in when inflicting their wounds,

16:38

as opposed to moving afterward. And

16:40

again, that was not the case with Ellen based

16:43

on the blood evidence which defied gravity.

16:46

Dr. Lazarus believes that Ellen had been

16:49

moved after she sustained some, if not

16:51

all, of her injuries. He

16:53

went on to explain that in most suicides,

16:55

there's a note left behind. Or

16:57

there's a pattern of behavior that led up to

17:00

the suicide.

17:01

While I know this isn't true in all cases,

17:04

Dr. Lazarus says that many people say goodbye

17:06

to loved ones. They give away their possessions.

17:10

And they basically do things that we would describe

17:12

as getting their affairs in order.

17:15

Ellen didn't do any of these things.

17:17

Ellen spoke to her mom and a friend on the day

17:19

of her death. Neither person

17:22

recalled anything out of the ordinary.

17:25

And after Ellen left work, she filled up

17:27

her gas tank.

17:29

The very last thing she appeared to be doing

17:31

was making a fruit salad. None

17:34

of these behaviors suggest suicide, according

17:36

to Dr. Lazarus.

17:38

In his report, he brought up the fact that Ellen

17:40

told her psychiatrist she was not suicidal.

17:44

Ellen was only struggling with anxiety, not

17:46

depression. He also noted that

17:48

while the police said that Ellen had searched things

17:50

about suicide online, there was

17:52

no proof that she was the one that made those

17:54

searches.

17:56

Dr. Lazarus wrote in his report, quote,

17:59

this information

17:59

in this examiner's opinion is

18:02

more of a red herring than considered to represent

18:04

anything of validity regarding Ellen's

18:07

mental state." End quote. Ultimately,

18:10

Dr. Lazarus concluded that Ellen did

18:12

not die from suicide.

18:14

In 2019, months after receiving

18:17

this report, Ellen's parents sued Dr.

18:19

Osborne and the Philadelphia Medical

18:22

Examiner's Office.

18:23

The goal of the lawsuit was for Ellen's manner

18:25

of death to be changed from suicide to homicide.

18:28

This way, the Greenbergs could, quote,

18:31

"'Have a full investigation and

18:33

go where the truth is.'" End quote.

18:36

After filing the lawsuit, Ellen's father

18:38

Josh told Local 21 News,

18:40

quote, "'We have no family future without

18:43

our daughter. "'Every family's future

18:45

is with their children. "'There is none

18:47

in our life.'" End quote.

18:50

Now, Dr. Osborne and the Medical Examiner's

18:52

Office tried to have the lawsuit thrown out,

18:55

but the judge ultimately ruled that the Greenberg

18:57

civil suit could be brought to trial, specifically

19:00

noting that Dr. Osborne's, quote,

19:03

"'Choice to rely on information from police

19:05

"'without independently confirming

19:07

it "'raises a legitimate question

19:10

to be resolved at trial "'as

19:12

to whether Osborne abused his discretion.'"

19:15

End quote.

19:16

Now, as a part of this process, the

19:18

Greenberg's attorneys weren't able to conduct

19:21

a more in-depth investigation into

19:23

Ellen's death.

19:24

They uncovered even more information

19:26

that had never come to light.

19:28

We know this is exactly why so many

19:31

families pursue civil suits, just

19:33

to get more information.

19:35

Now, according to court documents, since 2011,

19:39

the Greenbergs, their investigators, and

19:41

their attorneys had been told repeatedly

19:44

that the Philadelphia Police Department, the

19:47

PPD, didn't have any

19:49

video footage from the apartment complex

19:52

for the day Ellen was found dead. And

19:54

guess what? It all of a sudden popped up.

19:57

Late in January, 2021, the Greenberg's

19:59

learn that the PPD did have

20:02

surveillance footage. They obtained it

20:04

in early 2011, nearly 10 years prior.

20:09

But again, they get the runaround. Once

20:11

the attorneys learned about this video, of course

20:13

they reached out and asked for a copy. But

20:16

again, the PPD said they didn't

20:18

have any footage. It was only

20:21

after the attorneys threatened to involve

20:23

the court that the PPD apparently

20:25

discovered the surveillance video and handed

20:28

it over.

20:29

So let's talk about the video. Attorneys

20:32

reviewed it and noticed that at 6.32 pm, Ellen's

20:36

fiancé Sam entered the first floor elevator

20:38

by himself. There was no

20:40

security guard with him like he told the police. One

20:43

minute later, at 6.33, Sam

20:46

called 911 to report that he'd

20:48

broken down the door and found Ellen in

20:50

the kitchen. This footage proved

20:52

that Sam lied to the police when he said the security

20:54

guard went to the apartment with him and

20:57

was present when he broke down the door. Now

21:00

how do we know that the PPD had this footage?

21:03

Well, according to court documents, the

21:05

Greenberg's attorney know for a fact that

21:07

someone with the PPD or DA's

21:10

office viewed this footage of Sam.

21:12

They know this because the viewer created a video

21:15

timeline that tracks Sam's movements

21:17

between 4.50 and 6.42 pm.

21:20

So just like the report from Dr. Rourke

21:23

Adams, the Greenberg's team is seeing

21:25

these references to other reports and evidence

21:28

that they're eventually able to pull out.

21:30

It's also worth noting that the timeline

21:32

specifically notes that Sam entered the

21:35

elevator alone just before

21:37

his 911 call.

21:39

So what happens next? Well,

21:41

in April 2021, three months after

21:44

the footage was reviewed, Dr. Osborne

21:46

and his boss, Dr. Galino, gave

21:48

depositions in the Greenberg's lawsuit.

21:51

Through these depositions, the Greenberg's

21:53

learned for the first time that back in

21:55

March 2011, before Allen's

21:58

manner of death was changed from homicide,

21:59

to suicide, this unprecedented

22:02

meeting took place between the PPD, Dr.

22:05

Osborne, Dr. Gollino, and

22:07

a high-ranking representative from the Philadelphia

22:10

District Attorney's Office.

22:12

Previously, Dr. Osborne and Dr.

22:15

Gollino both testified that

22:17

this meeting had never taken place.

22:20

So again, the truth is just slowly

22:22

coming out through these proceedings. Now

22:25

they're admitting that the meeting happened,

22:27

and according to Dr. Osborne, before

22:30

the meeting, a police investigator

22:32

directly asked him to change the cause

22:34

of death on at least one occasion.

22:37

But it wasn't until after this meeting

22:40

that Dr. Osborne changed Ellen's cause

22:42

of death from homicide to suicide. So

22:45

obviously something major happened at this

22:47

meeting. Dr. Osborne testified

22:49

that during this meeting, police presented

22:51

additional evidence that they felt pointed

22:54

to a suicide. This evidence

22:56

included a lack of defensive wounds on

22:58

Ellen's body and the door being locked

23:00

from the inside.

23:02

The police further told Dr. Osborne that

23:04

the security guard had witnessed Sam break

23:06

down the door.

23:08

Dr. Osborne testified that this new information

23:11

about the security guard being with Sam led

23:13

him to consider suicide as a plausible

23:15

explanation.

23:17

He said it suggested that Ellen must have

23:19

been alone in the apartment when she was stabbed.

23:22

Dr. Osborne also said another deciding

23:24

factor was Dr. Galino's warning

23:27

that if he didn't change the manner of death, someone

23:29

could be wrongfully arrested for Ellen's

23:32

murder.

23:33

Now, according to court documents, Dr.

23:35

Osborne further testified that

23:37

the other reason why he was willing to change

23:40

the manner of death was because of the

23:42

neuropathologist, Dr. Werk-Adams

23:44

findings. These were the statements

23:47

that Ellen could have continued stabbing herself

23:49

after suffering the spinal cord injury.

23:52

Dr. Osborne explained that he did request

23:54

that Dr. Werk-Adams evaluate Ellen's

23:57

injury to her spinal cord. He said,

23:59

Dr. Werk-Adams

23:59

Adams had always previously generated reports

24:02

for him whenever she evaluated an

24:04

autopsy. But in this case,

24:07

she did not generate a report.

24:09

Instead, she only performed what he called

24:11

a curbside examination.

24:14

This did not involve any histologic

24:16

or microscopic examination.

24:19

Before the deposition was over, Dr.

24:21

Osborne admitted that he did not

24:23

independently investigate any information

24:26

related to the crime scene.

24:28

He also never reenacted Ellen's wounds,

24:31

examined their angles, or even

24:33

measured the length of Ellen's arms or fingers

24:36

to determine whether it was even physically

24:39

possible for Ellen to have done this to

24:41

herself.

24:43

He said that had he known the security guard

24:45

was not present when Sam broke down the door,

24:48

he would be compelled to amend his finding.

24:51

He also said it would have been incorrect for him

24:53

to have ruled Ellen's death a suicide if

24:55

he could have established that one or more of her

24:57

wounds could not have been self-inflicted.

25:01

So basically, if Dr. Osborne had

25:03

all the facts we have now, he

25:05

would not have ruled Ellen's death a suicide.

25:09

Dr. Gallino also gave a deposition

25:11

in the Greenberg civil lawsuit.

25:13

Now we don't have as many details about his testimony

25:16

as we did Dr. Osborne's, but we

25:18

do know that he testified that he, quote,

25:21

"...did not find reason to overturn Dr.

25:23

Osborne's opinion," end quote, that

25:25

Ellen's death was a suicide.

25:28

In May 2021, the month after

25:30

Dr. Gallino and Dr. Osborne testified,

25:33

Dr. Emery, another medical

25:35

examiner from the Philadelphia Medical Examiner's

25:38

Office, gave a deposition.

25:40

And everything Dr. Emery

25:42

said was completely new information

25:44

to the Greenbergs and their attorneys.

25:47

Here's what they find out. Dr. Emery

25:49

testified that in 2019,

25:52

Dr. Gallino asked her to look over

25:54

Ellen's spinal cord injury because

25:56

he doubted Dr. Osborne's claims

25:58

that he consulted with Dr.

25:59

Dr. Rourke Adams. Dr.

26:02

Emery did as she was asked and examined the spinal

26:04

cord.

26:05

She noted that there was a lack of hemorrhage

26:07

to the spinal cord. This means the

26:09

injury was inflicted after Ellen

26:11

was dead.

26:13

Dr. Emery also testified that

26:15

she had been instructed by Dr. Galino

26:17

not to make a written report about her examination.

26:21

So instead of writing a report, she

26:24

just told Dr. Galino about what she found.

26:26

So despite the fact that Dr.

26:28

Emery determined Ellen was dead when

26:31

she was stabbed in the spinal cord, Dr.

26:33

Galino did not change Ellen's manner

26:35

of death.

26:36

Neither did Dr. Osborne.

26:39

They basically just ignored this finding.

26:42

And there's more. That

26:44

same month, the Greenberg's attorney was informed

26:47

that the police had a video of Ellen's

26:49

apartment. This was filmed by the apartment

26:51

manager on the day Ellen died.

26:54

This is a video that had never been disclosed

26:56

or produced previously.

26:59

Now, before I get further into the importance of this

27:01

video, I need to back up and explain

27:03

why the video was taken in the first place because

27:06

I think it's important.

27:08

Now, according to court documents,

27:10

before Ellen's body was removed from her

27:12

apartment, several members of Sam's

27:15

family showed up at the scene.

27:17

This included his mother, father,

27:19

uncle who is a criminal

27:21

defense attorney, and his uncle's

27:24

son who is also an attorney.

27:26

All of these people communicated with the PPD

27:29

officers and the ME's office investigator

27:31

on the scene.

27:33

Then in the early hours of January 27th, before

27:36

Ellen's autopsy was completed, Sam's

27:39

uncle called the apartment building's property

27:41

manager and requested access

27:43

to Ellen and Sam's apartment.

27:46

Now, the manager said that she was not sure if

27:48

this is what she should do, so she called the police

27:50

to ask. They told her it was fine

27:53

if the uncle and son went into the apartment.

27:55

And good on this manager, she then

27:58

asks if police should escort them.

27:59

them,

28:00

and the police said no, they did not

28:03

need to.

28:04

The police also said it would be okay if

28:06

the family hired a crime scene cleanup service.

28:09

The police then gave the manager the name of a

28:12

service they recommended.

28:14

So after speaking to the police, the manager

28:16

called Sam's uncle back and told

28:18

him he could have access to the apartment.

28:21

She also passed along the name of the crime scene

28:23

cleanup company.

28:24

The uncle agreed to pay the cost, and

28:27

the manager arranged for the services to be completed

28:29

before the uncle and his son arrived

28:31

at the apartment.

28:33

But again, good on this manager.

28:36

Before the cleaners arrived, this

28:39

manager went into Ellen's apartment and

28:41

videotaped each and every room

28:43

to create a record of its condition, and

28:46

she gave the tape to police that day.

28:49

According to court documents, once Ellen's apartment

28:52

was cleaned and sanitized, the

28:54

uncle and son were allowed into the apartment.

28:57

They go in alone. Once

29:00

inside, they remove Sam's laptop, Ellen's

29:02

personal laptop, work laptop,

29:05

cell phone, purse, wallet,

29:07

and keys.

29:09

Now, Sam's family retained these electronics

29:11

for about two days. Then on

29:13

January 29th, Sam's uncle and

29:15

his son gave the laptops and cell phone

29:17

they'd taken from the apartment to the police.

29:20

Now according to court documents, PPD

29:22

didn't ask why they had these devices,

29:24

or if they did anything to

29:26

them.

29:28

It's just not the proper chain of custody for

29:30

evidence, I don't blame them for wanting to

29:32

look further into it. Now after

29:34

finding out that this video footage existed,

29:36

the Greenberg's attorneys asked for

29:39

it.

29:39

The city's attorney responded and said

29:42

she asked the police repeatedly for

29:44

the video, but they told her it did

29:46

not exist. And

29:49

according to court documents, as of the fall

29:51

of 2022, the police still have not been

29:53

able to locate

29:55

the video,

29:56

or give any explanation for

29:58

why it no longer exists.

30:01

The next month, June 2021, the

30:03

Greenberg's attorney obtained Dr. Osborne's

30:05

disciplinary record from the ME's

30:07

office.

30:09

These records showed that Dr. Osborne had

30:11

a history of incomplete or inaccurate

30:14

autopsy reports.

30:16

In July 2012, a year and a

30:18

half after Ellen was found dead, Dr.

30:20

Osborne underwent an autopsy report

30:22

review as a part of an informal reprimand

30:25

coaching session. This was in regard

30:27

to the quality of his reports and documentation.

30:31

The review found that between 2009 and 2011, there were at least 11

30:33

autopsy reports with major

30:38

issues.

30:39

Four of the cases involved stab

30:41

wounds as the manner of death.

30:44

In one of these cases, Dr. Osborne

30:46

determined the cause of death as a stab wound

30:48

to the chest. The subsequent review

30:51

acknowledged that the finding was accurate.

30:54

However, a discrepancy was identified

30:56

in the internal examination section of

30:58

the autopsy report, where Dr.

31:01

Osborne said that the victim's chest wall

31:03

showed no injuries.

31:05

Now obviously this contradiction was impossible

31:08

considering the victim died from a stab wound

31:10

to the chest.

31:11

In addition to this error, the review noted

31:14

that the findings associated with the stab

31:16

wound were not clearly identified

31:18

anywhere in the autopsy report.

31:21

A month after receiving the informal reprimand

31:23

and coaching session,

31:25

Dr. Osborne went on medical leave.

31:27

During that time, his supervisors discovered

31:30

that he had multiple reports that were still pending.

31:33

When the autopsies were reviewed for completion,

31:35

multiple errors were found.

31:40

Now I'm not going to go through them all, but in

31:42

one of the most inaccurate reports… Now

31:45

I'm not going to go through them all, but

31:48

in one of the most inaccurate reports…

31:56

In one of the most inaccurate

31:59

reports…

31:59

Dr. Osborne's superiors

32:02

reviewed photographs that clearly showed

32:04

a ligature mark around the victim's neck

32:07

and patikia of the eyes. But

32:09

in Dr. Osborne's report, he says there was

32:11

no patikia. He also missed a hemorrhage

32:14

to one of the neck muscles and a laceration

32:16

to a kidney. Both of these injuries

32:18

were visible in photographs.

32:21

Now, because of this inaccurate report

32:23

and many others, he was warned

32:25

that if he did not meet the requirements of his profession

32:28

going forward, he risked termination.

32:31

Now, the last reprimand included in the court

32:33

documents came in December 2013.

32:36

That month, the chief of trauma surgery

32:39

at a medical center in Philadelphia contacted

32:41

Dr. Gollino to report a quote,

32:44

"'serious issue that occurred at their hospital

32:46

"'with regard to a homicide victim.'" End

32:49

quote.

32:49

According to documentation of this reprimand,

32:52

after the homicide victim died, a

32:54

physician at the hospital quote,

32:57

"'continued to dissect and examine

32:59

the body.'" End quote. Something

33:01

that may have quote, "'amounted to

33:04

evidence tampering.'" End quote.

33:07

I know I'm doing a lot of quotes and end quotes, but these

33:09

are serious things and I wanna make sure that I get them

33:11

right.

33:12

Now, Dr. Osborne, the medical examiner

33:14

in charge of the victim's autopsy, had

33:17

been notified about the physician's abuse, but

33:19

he didn't make any notes in his files.

33:23

Basically, these court documents say that Dr.

33:25

Osborne should have notified Dr. Gollino

33:27

and the issue should have been referred to the DA's

33:29

office, but he didn't do that, so

33:32

he was reprimanded. Now,

33:34

I get it. People make mistakes. No one

33:36

is perfect. These jobs are hard, but

33:39

these are things we need to look at in relation

33:41

to Ellen's case.

33:44

Now, let's talk about the security guard. The

33:46

one that Sam initially said was present when he

33:48

broke down the door.

33:50

In June, 2021, the security

33:52

guard gave a sworn statement that

33:54

he was the only guard on duty at the time

33:57

and that he did not accompany Sam

33:59

to the apartment.

34:00

or observe him break down the door.

34:04

Before the month of June, 2021 was over, Dr.

34:07

Wayne Ross, who specializes in forensic

34:09

and neuropathology, looked over

34:11

the evidence in Ellen's case again. If

34:14

you remember from part one, Dr. Ross was

34:16

hired for the first time in January, 2017. He

34:19

concluded that Ellen had possibly been strangled

34:22

and the bruises on her body were consistent

34:24

with a quote, repeated beating,

34:27

end quote. He also

34:29

thought it was possible that two knives were

34:31

used in the attack. In his June, 2021

34:34

re-examination of

34:36

all the evidence new and old, Dr.

34:39

Ross noted not just one or a few,

34:41

but 60 reasons why Ellen's

34:43

death was a murder and not a suicide.

34:47

His reasons included that the security guard

34:49

was not present when Sam left the lobby of

34:51

the building to break into the apartment, and

34:54

that the swing bar on the door was disturbed,

34:57

but not broken from the inside.

34:59

Dr. Ross went on to say that Ellen's glasses,

35:02

which were on the floor right next to her body, Dr.

35:05

Ross went on to say that Ellen's glasses, which

35:08

were on the floor to the right of her body, and

35:10

the nearly pristine white hand towel

35:12

in Ellen's left hand indicated

35:14

staging of the crime scene.

35:17

Dr. Ross noted that if Ellen had been

35:20

holding the towel, that meant she had

35:22

to have been stabbing herself with one hand.

35:25

He argues that this is impossible,

35:27

stating that some of the injuries required force

35:30

applied to the knife.

35:32

Like many experts before him, Dr.

35:34

Ross concluded that Ellen's stab wounds were inconsistent

35:37

with suicide,

35:38

as were the bloodstain patterns in the kitchen.

35:41

He further explained that the wounds in general

35:44

were just inconsistent with suicide, saying

35:46

that they would have caused excruciating, if not

35:49

incapacitating, pain.

35:51

He also noted the pills on the counter,

35:53

which Ellen could have easily taken an overdose

35:56

on instead.

35:57

Dr. Ross determined that the crime scene that

36:00

Ellen was under someone's control.

36:03

He believed Ellen was strangled, which

36:05

was evidenced by defensive wounds caused

36:07

by binding to her wrists.

36:09

Now in his report, we kind of learn more about

36:11

how they determine these things. In

36:14

his report, Dr. Ross stated that according

36:16

to the guide medical examiners used to

36:18

determine manner of death, the determination

36:21

of suicide requires a 70% or

36:23

greater degree of medical certainty. Dr.

36:26

Ross noted that the quote, necessary

36:29

degree of medical certainty to support the

36:31

selection of suicide as the manner

36:33

of Ellen's death is patently lacking."

36:38

In August 2021, Dr.

36:40

Galino resigned as chief medical examiner

36:43

for Philadelphia. Following

36:44

his resignation, PPD

36:47

officers interviewed him about Ellen's case,

36:49

focusing on whether her death was a suicide

36:52

or homicide.

36:53

According to court documents, Dr. Galino

36:55

told officers that he didn't specifically

36:58

recall Dr. Emery telling him the

37:00

wound to Ellen's spinal cord was inflicted

37:02

after she died.

37:04

And here's the kicker. We finally

37:07

get the answer from Dr. Galino.

37:09

He then went on to say that Dr. Emery's

37:11

conclusion meant that Ellen's

37:13

manner of death had to be changed from

37:16

suicide.

37:18

Dr. Galino also said the bruises on

37:21

Ellen's wrist could be defensive wounds from

37:23

being restrained.

37:25

So after all this time, they meet

37:27

in the middle and admit that it's not a clear-cut

37:30

completion of suicide.

37:33

But we're here today. So that

37:35

means despite all of this, Ellen's

37:38

manner of death still wasn't changed.

37:42

In December 2021, the Greenberg's

37:45

attorneys sent new testimony and records

37:47

uncovered during the lawsuit to the AG's

37:49

office. They were hopeful that with everything

37:52

they'd uncovered, the AG would reopen

37:54

Ellen's case.

37:56

But again, that's not what happened. That

37:59

same month. the Attorney General's office told

38:01

people, quote, "'Ellen's death is

38:03

nothing short of a tragedy, "'and

38:05

our heart goes out to her family and friends.

38:08

"'Her death is unimaginable and admittedly

38:10

hard to accept, "'but all of the

38:12

evidence thoroughly reviewed by our office

38:15

"'and the findings of the medical examiner "'show

38:18

this was a suicide.

38:20

"'Our office has stated that if and

38:22

when "'new evidence was brought forward, "'we

38:25

would thoroughly review it.'

38:27

"'The office added only the medical

38:29

examiner "'has the ability to change the cause

38:31

of death "'in this case from suicide to

38:34

undetermined or homicide."

38:36

End quote.

38:38

In July, 2022, the AG's

38:40

office announced that they would no longer review Ellen's

38:42

case due to an appearance of a

38:45

conflict of interest.

38:46

They stated, quote, "'We

38:48

wish Ellen's family nothing but the best, "'and

38:51

our office regrets that despite our extensive

38:53

work, "'our additional efforts have not

38:56

brought more closure "'to the questions around

38:58

her death.'"

38:59

End quote.

39:02

The office then referred Ellen's case to Chester

39:04

County, which neighbors Philadelphia.

39:07

In September, 2022, Chester County announced that

39:10

an investigator and prosecutor would review

39:13

her case. Ellen's parents' attorney

39:15

told people that they were hopeful for justice

39:17

for Ellen. As of this recording,

39:20

Chester County is still investigating Ellen's

39:22

death.

39:24

A month after Chester County said they were investigating

39:27

Ellen's case, the Greenbergs filed

39:29

another lawsuit, this time against the

39:31

city of Philadelphia, claiming they conspired

39:34

to cover up Ellen's murder.

39:36

They say the city covered up Ellen's murder by

39:38

suppressing physical evidence, by

39:41

ensuring that her manner of death was changed

39:43

from homicide to suicide, by stopping

39:45

the possibility of a full police investigation

39:48

into Ellen's death, by providing

39:50

false information about the circumstances of

39:53

Ellen's death to support a finding

39:55

of suicide, by

39:57

only considering specific crime

39:59

scene evidence. evidence to support a finding of

40:01

suicide,

40:03

by refusing to follow basic homicide

40:06

investigation

40:06

protocols, and more.

40:09

According

40:11

to court documents, the Greenbergs claim that

40:13

members of the PPD and the DA's

40:16

office knew that the security guard had not

40:18

witnessed Sam break down the door, but they

40:20

told Dr. Osborne that anyway

40:22

in order to conceal Ellen's murder.

40:25

The lawsuit further alleges that Dr. Osborne

40:28

fabricated the examination by Dr.

40:30

Rourke Adams. This was done

40:32

to discredit his earlier conclusion that

40:34

Ellen could not have administered the wound to her

40:36

spinal cord, or continued to

40:39

stab herself after suffering that wound.

40:42

The city appealed the lawsuit, which

40:44

as of this recording is still pending in court.

40:47

The lawsuit against the ME's office

40:49

is also still pending. They have

40:51

continued to appeal the lawsuits brought against them.

40:55

Final arguments for that lawsuit were

40:57

held in front of a panel of judges in November 2022.

41:01

The Philadelphia Inquirer reported that at

41:03

one point during the appeal hearings, the

41:05

attorney for the ME's office said that if

41:07

the case were to proceed to trial, it

41:10

would open the floodgates for other lawsuits.

41:13

One judge replied, quote, The

41:15

Greenbergs could be desperate for any way to

41:17

resolve this. You should have a little

41:20

more empathy here.

41:21

End quote. Which

41:23

brings me right to our call to action. The

41:26

Greenbergs continue to fight for justice

41:28

and answers in Ellen's case. Mainly,

41:32

they're just fighting for a thorough investigation

41:34

of the evidence in the case. And

41:37

I don't think that's crazy to ask for.

41:40

Right now, they believe their strongest chance

41:42

of making any movement is for

41:44

the mayor of Philadelphia to order the ME's

41:46

office to reopen Ellen's case.

41:49

Now in hopes of getting the mayor to do this,

41:51

they put together a change.org petition,

41:54

which I will link in the show notes.

41:56

And they do have a GoFundMe, if you

41:59

feel compelled. If you feel that Ellen's

42:01

case needs a further investigation, which

42:03

I would argue is a fair ask,

42:06

please consider supporting her family's fight.

42:13

As a reminder,

42:14

27-year-old Ellen Greenberg was

42:16

found dead in her Philadelphia apartment

42:19

just after 6.30 pm on January 26, 2011. If

42:23

you have any information, please

42:26

contact the Philadelphia Police Department

42:28

at 215-686-8477.

42:34

But

42:35

as always, thank you, I love

42:37

you, and I'll talk to you next time.

42:43

Voices for Justice is hosted and produced by me, Sarah

42:46

Turney, and is a Voices for Justice

42:48

media original. This episode

42:50

contains writing and research by Haley Gray,

42:53

with research assistance by Anna Luria.

42:55

If you love what we do here, please don't forget to

42:58

follow, rate, and review the show in your podcast

43:00

player. It's an easy and free

43:02

way to help us and help more people find

43:04

these cases in need of justice.

43:22

We made USA.