Nancy Grace investigates the mysterious 'suicide' of teacher Ellen Greenberg on Fox Nation
Tom Brennan and Ellen Greenberg's parents break down fiance Sam Goldberg's 911 call the day he discovered Ellen Greenberg's body in 'Teacher Death Mystery: A Nancy Grace Investigation.'
A "deeply flawed" investigation into the 2011 death of Philadelphia teacher Ellen Greenberg included a crime-scene cleanup undertaken the day before police arrived at her apartment with a search warrant, according to appellate court documents.
Greenberg, 27, was discovered with a knife in her chest in her apartment during a January blizzard – covered in stab wounds and bruises.
In a Wednesday ruling, an appellate panel ruled that Greenberg's parents lacked standing in a civil lawsuit but excoriated the Philadelphia pathologist, Dr. Marlon Osbourne, who ruled her death by 20 stab wounds, including 10 to the back of the head and neck, a "suicide."
Her parents had sued the city, its medical examiner's office and Osbourne, hoping to compel them to change the ruling to "homicide" or "undetermined."
Ellen Greenberg, left, was engaged to be married to Sam Goldberg, right, in 2011 – when she was found dead in their apartment with 20 stab wounds and a knife in her chest. Investigators ultimately decided her death was a suicide. (Greenberg family)
But even as the majority of an appellate panel ruled against her parents Wednesday, the judges tore into city police, prosecutors and the medical examiner's office behind the "deeply flawed" investigation in a 32-page decision.
"The facts surrounding this matter are extremely disturbing and the Parents’ tireless efforts over the past 12 years to learn exactly what happened to their daughter on the evening of January 26, 2011, warrant our sincere sympathy," Commonwealth Judge Ellen Ceisler wrote. "The experts they enlisted have all raised serious factual questions about Dr. Osbourne’s and Dr. [Sam] Gulino’s conclusions, and even the [medical examiner's office] now concedes that there 'is no dispute that evidence in the record could support other conclusions about the manner of death.'"
A rendering showing more than a dozen of Ellen Greenberg's stab wounds. (Tom Brennan)
Ceisler outlined glaring flaws in the investigation: Osbourne's initial finding was that the death was a homicide – but his determination came after the crime scene had been cleaned up and before police arrived with a search warrant.
"The majority opinion is a road map on how to commit murder and to not be held accountable."
"The building’s property manager, Melissa Ware, later explained that an unnamed [Philadelphia Police Department] representative had advised her to call a third-party service to have the apartment thoroughly cleaned," the decision states. "There is no evidence in the record that Ms. Ware, the unidentified cleaning service, or the PPD representative were ever interviewed by investigating authorities."
Items were also taken out of the apartment by her fiance's uncle, including Greenberg's purse, three laptops and two cellphones, Joe Podraza, the attorney for Ellen's parents, Sandee and Dr. Josh Greenberg, told Fox News Digital.
Photos of Ellen Greenberg provided by a longtime friend. (Justice For Ellen)
Read the judges' decision (Mobile users go here)
According to the lawyer, Ware took video of the scene before the cleanup crew arrived and gave it to Philadelphia police, but it is currently unaccounted for.
A month later, after a secret meeting involving police, prosecutors and the pathologists, Greenberg's death certificate was revised. Officially, her brutal death was and remains a suicide.
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Parents of Ellen Greenberg talk to 'Crime Stories' host Nancy Grace for new Fox Nation show. (Fox News)
"Astonishingly," Ceisler wrote, the security guard who Greenberg's fiance claimed was present when he found the body denied having been there, in writing.
Additionally, Ceisler quoted a new admission from officials that the evidence "could support other conclusions" than a suicide, which Podraza called a "remarkable admission."
Outside investigators said the damage shown to the lock on Greenberg's apartment door is inconsistent with the report that it had been kicked in from the outside. (Tom Brennan)
The lone dissenter on the panel of three, Judge Patricia McCullough, argued that Greenberg has "been deprived of her status as a victim" due to the suicide determination on what she called "the erroneous death certificate," because suicide is not a crime under state law.
"The majority opinion is a road map on how to commit murder and to not be held accountable," Podraza said. "That's the most astounding aspect of the opinion: You have, as I read it, three judges saying this young woman was murdered, the investigation is grossly flawed and embarrassing, there is a murderer or murderers out there, but our hands are tied and nobody can do anything except the government officials, and you're therefore subject to their whims."
Ellen Greenberg in an undated family photo. The 27-year-old Philadelphia teacher was found dead in her apartment in 2011, with 20 stab wounds, in a case that investigators ruled a suicide. Her parents do not believe that manner of death is accurate, based on information they've uncovered in over a decade of battling with city leaders. (Sandee Greenberg)
The Chester County District Attorney's Office is conducting an outside review of Greenberg's death, and her family are also pursuing a separate civil lawsuit alleging a cover-up of evidence in her death.
The parents plan to appeal Wednesday's decision to the state's Supreme Court, Podraza said.
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"The fact that we have presented that magnitude of evidence that could support a murder conviction or a murder prosecution, cries out for further investigation and plainly undermines a determination of suicide," he said.
A Philadelphia spokeswoman told Fox News Digital the city is "pleased" with the ruling.
"The City is now, and has always been, deeply sympathetic to Joshua and Sandra Greenberg's pain and deep grief over the loss of their daughter," she said in a statement. "If Mr. and Mrs. Greenberg have new evidence about their daughter’s death, we urge them to present it to the investigators in Chester County, as they have the authority to reopen the investigation."
Osbourne now works in Florida and has not responded to requests for comment.
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