Ellen Greenberg Part 2

0:00This episode of Voices for Justice is sponsored by Shopify. When I started this podcast, I really did have to figure it out all on my own. Scripts, setup, filming schedule, logos. It was and still can be super overwhelming. When you're starting off with something new, it seems like your to-do list grows every day with new tasks. So finding the right tool that not only helps you out but simplifies everything can be such a game changer. For millions of businesses, that tool is Shopify. Shopify is the commerce platform behind millions of businesses around the world and 10 % of all e-commerce in the US.

0:38They help everyone from huge brands like Mattel and Gymshark to brands just getting started. They truly can help in so many ways, like getting started with your own design studio. They have hundreds of ready-to-use templates to help you build a beautiful online store to match your brand's style. And they can help you get the word out like you have a true marketing team behind you. You can easily create email and social media campaigns wherever your customers are scrolling or strolling. If you're ready to sell, you're ready for Shopify. Turn your big business idea into with Shopify on your side.

1:13Sign up for your$1 per month trial and start selling at shopify.com slash justice. That's shopify.com slash justice. Shopify.com slash justice.

1:29DSW Designer Shoe Warehouse is the one-stop shop for all your footwear needs. With sneakers, boots, and everything in between for every style, mood, and occasion, you'll definitely find shoes that get you at prices that get your budget. DSW has what you need, but more importantly, they have what you didn't even know you wanted. You never know what you'll find at DSW. Find the shoes that get you at prices that get your budget at DSW stores or DSW.com. A note before we begin. Today's episode heavily discusses the topic of suicide. If you find that the discussion becomes overwhelming or triggers negative emotions, please prioritize your mental health above all else.

2:12Consider skipping this episode or reaching out to a support helpline in your area. You are not alone. Voices for Justice is a podcast that uses adult language and discusses sensitive and potentially triggering topics including violence, abuse, and murder. This podcast may not be appropriate for younger audiences. All parties are innocent until proven guilty in a court of law. Some names have been changed or omitted per their request or for safety purposes. Listener discretion is advised. My name is Sarah Turney and this is Voices for Justice.

2:52Today I'm continuing my coverage of the suspicious death of 27-year-old Ellen Greenberg. This is part two of a two-part series, so if you haven't listened to part one, go back and listen to that first or this isn't going to make any sense. There are a lot of details in this case to keep in mind as we discuss this story. In part one, I detailed the death of Ellen, who was found in her Philadelphia apartment with 20 stab wounds to her chest, abdomen, head, and neck on January 26, 2011. Ellen's fiancé, Sam Goldberg, told police that he went to the gym around 4.45pm. When he returned 30-45 minutes later, he found their apartment door locked from the inside.

3:36The swing bar was engaged, and he couldn't get in. Sam told police that he'd try to get a hold of Ellen for the next hour, but she wouldn't answer the door or pick up her phone. Sam said that just before 6.30pm, he went to the first floor of the apartment complex and asked the security guard to accompany him. Sam told police the guard went back upstairs with him and was there when he broke the door down, went inside, and found Ellen dead in the kitchen. Very quickly, investigators determined that Ellen had completed suicide, but when medical examiner Dr. Marlon Osborne performed an autopsy, he concluded that Ellen had been murdered.

4:15Despite these findings, police told the media that they didn't consider Ellen's death a homicide. Instead, they were calling her death suspicious. In mid-February, the Philadelphia Police Department officially declared Ellen's death a suicide. At that point, Dr. Osborne maintained that Ellen had been the victim of a homicide, But then, just a few weeks later, on March 3rd, he switched her manner of death from homicide to suicide. Ellen's manner of death has not been changed since then. Ellen's parents, Josh and Sandy, refused to believe that Ellen had completed suicide, so they set out to investigate the case themselves.

4:51They hired multiple attorneys and notable experts, who basically all came to a similar conclusion. It was unlikely that Ellen stabbed herself. In 2017, one of the Greenbergs' attorneys was elected Philadelphia's district attorney After he took office in 2018, the Greenbergs asked him to reopen Ellen's case But he referred their request to the state attorney general's office due to the conflict of interest They agreed to take the case And all of the evidence the Greenbergs' attorneys and all these experts had uncovered Was sent to the attorney general's office That's where we left off in part one Here's what happened next There were no updates on the Attorney General's investigation until March 2019, when journalist Stephanie Farr wrote an article for the Philadelphia Inquirer.

5:39While researching the article, Farr contacted the Attorney General to ask where the case was at. He responded, saying that the office had conducted their own thorough investigation to determine a manner of death. He said they interviewed Dr. Osborne, who performed Ellen's autopsy, and his boss, Chief Medical Examiner Dr. Galino. The office also met with the Greenberg's representatives and reviewed all the information they had uncovered. They also went through Ellen's cell phone and laptop records. Now, if you recall from part one, Ellen's personal laptop was sent to the FBI for analysis. But according to Dr.

6:16Osborne's autopsy report, that analysis provided no additional information. But when the AG's office looked through Ellen's laptop and phone, they said they found evidence that supported suicide as Ellen's manner of death. The AG told journalist Stephanie Farr, quote, Among the additional evidence we reviewed were web searches for methods of committing suicide, quick death, and depression done on Ellen's personal computer in the weeks before her death, end quote. The AG said they also found text messages between Ellen and a family member on the day of her death, which showed Ellen in, quote, serious mental distress, end quote.

6:57The AG told Farr that based on the laptop and cell phone evidence, his office, quote, concluded that this evidence supports suicide as the manner of death, end quote, and they closed the investigation. Now, in addition to his statement about the case being closed, the AG provided a few reports outlining what they found on Ellen's laptop and cell phone. Let's start with what was found on the laptop. On Saturday, December 18, 2010, at 2.36pm, there was a Google search for suffocation. The user then viewed a website about suicide methods. A few weeks later, on Monday, January 3, 2011, at 12.09am, the user viewed two CNN videos, one about a sex fantasy death and one about a model death.

7:46On Thursday, January 6th at 1.57 and 1.58 a.m., there were Google searches for Zoloft and Zoloft vs. Prozac. That evening, the user looked at a CNN article about the murder of John Wheeler III, a former White House aide. On Sunday, January 9th, starting at 3.13 a.m. and ending at 3.31 a.m., the user made Google searches about Zoloft and its side effects. The user then accessed multiple articles on the topic. That evening at 11.35pm, the laptop was used to look at articles about a girl who was electrocuted while using Twitter in a bath. Between 12.40 and 12.43am on what was now January 10th, the user googled quick death and quick suicide.

8:35The user then read a few articles about euthanasia and painless suicide. These are the last searches included on the report. This episode of Voices for Justice is brought to you by Quince. I love giving gifts, and Quince really does make that so easy. They have something for everyone, from soft Mongolian cashmere sweaters for$50 that look and feel like designer pieces, silk tops and skirts for dressing up, perfectly cut denim for everyday wear, and outerwear that actually keeps you warm. And of course, what I love is that every piece is made with premium materials from ethical, trusted factories.

9:14And it's all priced far below what other luxury brands charge. I'm still using my older pieces from Quince that I got over a year ago now, and they look brand new. I also recently tried their candles, and I am obsessed. I feel like amazing luxury candles are one of those things that few people will buy for themselves, so that is my go-to gift. I promise you, I'm not just saying it, Quince really does have something for everyone. Find gifts so good, you'll want to keep them with Quince. Go to quince.com slash justice for free shipping on your order and 365-day returns. Now available in Canada too.

9:50That's quince.com slash justice to get free shipping and 365-day returns. Quince.com slash justice.

10:05This episode of Voices for Justice is sponsored by Greenlight. I think one of the best gifts you can give your kids is the gift of financial literacy. I know it might sound a little corny, but think about how much it helps in life. Not only as a kid just to kind of develop and polish those skills, but as you also enter adulthood. When you have that skill set of financial literacy, it makes life so much easier. Now, if you haven't heard of Greenlight, it's a debit card and money app for families. It helps you teach kids and teens about money before bad habits or costly mistakes can take hold. Parents can send money quickly, track every purchase with real-time notifications, and even assign chores for allowance.

10:45Greenlight really does help kids learn how to save, invest, and build confidence with money. This is truly a product that I wish I had growing up. Like I said, I think it would have given me a much better head start in life. Join millions of parents already using Greenlight, the number one family finance and safety app. Start your risk-free Greenlight trial today at greenlight.com slash justice. That's greenlight.com slash justice to get started. greenlight.com slash justice. Now, just as a refresher, in part one, I told you that Ellen started seeing a psychiatrist on January 12th. This would be two days after that final Google search related to suicide.

11:26But during her sessions, Ellen told her psychiatrist that she was not suicidal. I will also say that after reviewing the laptop records, the Greenbergs made a pretty good point that stabbing would not fall under painless suicide. Now, let's talk about the text messages from Ellen's phone. On January 25th, the day before Ellen was found dead, Sandy texted Ellen, quote, you need to see a professional, end quote. Ellen replied, quote, okay, I'm trying, just scared a bit for everything, end quote. Now, in the files, there weren't any texts included from January 26th. But we do know that that morning, Ellen spoke to her mom on the phone, and she said everything seemed fine with Ellen.

12:10She also talked to a friend around noon, and again, that friend says that nothing seemed out of the ordinary. After reviewing these files, the laptop, the phone records, journalist Stephanie Farr asked the AG why the computer and text evidence weren't included in the original investigative report in 2011, and why that evidence was not in the DA's report made available to the Greenberg's private investigator. The AG responded that his office didn't find the analysis in the DA's file, so they, quote, cannot say if anyone, police or prosecutor, ever looked at it, end quote. He said the AG's office obtained the analysis directly from the Regional Computer Forensics Lab in 2018.

12:56Now, Stephanie Farr kept asking questions. She asked the AG about the neuropathologist Dr. Rourke-Adams. If you recall from Part 1, Dr. Osborne's autopsy report stated that Dr. Rourke-Adams had examined Ellen's spinal cord and made a huge determination that Ellen was not incapacitated after the wound to her spinal cord, which meant she still would have been able to stab herself after suffering that injury. When the PI looked into Ellen's case in 2015, he wasn't able to find that report. He even asked the police and the medical examiner's office for a copy, but they said they couldn't find it, and there was never an invoice for the service.

13:40While writing the Inquirer article, Farr reached out to Dr. Rourke-Adams to ask about Ellen's spinal cord. She told Farr she had no recollection of working on Ellen's case. She further said that the lack of any invoice or report of her findings confirms that she had no involvement in the case. So Farr goes back to the AG with this and asks for comment. The AG denied Dr. Rourke-Adams' claims and said there was, quote, ample evidence, end quote, that she did review the spinal cord. See, the thing is, while they couldn't find an actual report of Dr. Rourke Adams' review of the spinal cord, there was a line in the autopsy report referencing this examination, and statements from two detectives stating that the exam did happen.

14:29After the release of Stephanie Farr's Inquirer article, the Greenbergs and their attorneys continued to work on Ellen's case. they still believed, without a doubt, that Ellen had not completed suicide. Now, because the AG's office had already closed their investigation, the attorneys felt like the next best thing to do was reach out to the medical examiner's office and ask them to change Ellen's manner of death. In June 2019, one of the Greenberg's attorneys submitted their findings to the medical examiner's office, and they asked Dr. Golino, the chief medical examiner, to reconsider Ellen's case.

15:03They also asked Dr. Osborne to change Ellen's manner of death. In the end, Dr. Galeno and Dr. Osborne refused. But the Greenbergs kept fighting. In September 2019, clinical neuropsychologist Dr. Louis Lazarus reviewed Ellen's case using a 3D computer program. This program created images of all of Ellen's stab wounds. He also used this program to recreate the injuries under the assumption that Ellen stabbed herself, like the police and medical examiner's office claimed she had. And this is what the program says. It was impossible for Ellen to deliver 11 of the 20 stab wounds to herself. And none of Ellen's injuries were hesitation wounds.

15:49The program also picked up on the bruising on Ellen's body, namely bruises to her wrists and ankles. There was also evidence of defensive wounds. Now, while this program couldn't determine the order the wounds were inflicted in, it did show that one of the stab wounds would have made contact with her brain and the other with her spinal cord. Dr. Lazarus determined that the deeper wounds to Ellen's head and neck would have led to, quote, impaired coordination, semi-consciousness, and unconsciousness, end quote. And all the injuries combined would have caused, quote, unconsciousness, cranial nerve defects, severe facial pain, impaired coordination, impaired oral loss of vision, seizure, weakness, blood loss, loss of heart rate and blood pressure, hypoxic brain damage, respiratory failure, cardiac dysrhythmia, and loss of cerebrospinal fluid, end quote.

16:51In his report, Dr. Lazarus added that it's very rare for someone to complete suicide with a sharp instrument like a knife. We've heard this from other experts before. He said that this method accounts for approximately 2-3 % of suicides, a majority of which are male victims, so it's possible but extremely unlikely. He further noted, quote, although the number of sharp wounds has not been predictive of suicide versus homicide, the nature of the wounds, the location of the wounds, and behavior surrounding the wounds have been very predictive, end quote. He also said that the location of the wounds helps determine if a victim died from suicide or homicide.

17:36A review of studies of suicide by stabbing revealed a consistent finding of wounds to the chest, neck, wrists, and abdominal area. And the trajectory of self-inflicted wounds are usually uniform. But in Ellen's case, she had wounds to the back of her neck, the top of her head, as well as her chest. And there was a variety of trajectories of her injuries. They were coming from multiple different angles. And again, like we saw with the other experts, Dr. Lazarus reported that most suicides involving a sharp instrument include that person lifting their clothing before stabbing themselves. And we know Ellen's stab wounds happened through her clothing.

18:18And here's one of the big ones. He says that those who complete suicide are typically found in the same position they were located in when inflicting their wounds, as opposed to moving afterward. And again, that was not the case with Ellen based on the blood evidence which defied gravity. Dr. Lazarus believes that Ellen had been moved after she sustained some, if not all, of her injuries. He went on to explain that in most suicides, there's a note left behind, or there's a pattern of behavior that led up to the suicide. While I know this isn't true in all cases, Dr. Lazarus says that many people say goodbye to loved ones, they give away their possessions, and they basically do things that we would describe as getting their affairs in order.

19:04Ellen didn't do any of these things. Ellen spoke to her mom and a friend on the day of her death. Neither person recalled anything out of the ordinary. And after Ellen left work, she filled up her gas tank. The very last thing she appeared to be doing was making a fruit salad. None of these behaviors suggest suicide, according to Dr. Lazarus. In his report, he brought up the fact that Ellen told her psychiatrist she was not suicidal, and was only struggling with anxiety, not depression. He also noted that while the police said that Ellen had searched things about suicide online, there was no proof that she was the one that made those searches.

19:45Dr. Lazarus wrote in his report, quote, This information, in this examiner's opinion, is more of a red herring than considered to represent anything of validity regarding Ellen's mental state. End quote. Ultimately, Dr. Lazarus concluded that Ellen did not die from suicide. This episode of Voices for Justice is sponsored by Chewy. When I think about the holidays, I think about tiny moments with my dogs. The ones that really make the season bright. And that's why I'm joining Chewy Claws, who's out here making pet wishes come true. It's a really cool program. From November 4th to December 24th, share your pet's wish at Chewy.com slash Chewy Claws.

20:27It could actually become real, but I think the best part is that it helps others too. Each wish triggers a donation of five meals to shelters and rescues across the country. And if you submit through the Chewy app, they'll double the donation. Again, pet parents can send their wishes to Chewy.com slash Chewy Claws and it might come true. And each wish means five meals get donated to pets in need. I've been using Chewy for years. You guys know that I've been on their auto ship feature for a very long time. But I also just picked up Heber and Popcorn's holiday gifts. And honestly, this program makes me even more sure of my choice to use Chewy.

21:04Not only do they have everything that my dogs need, but it feels great to know that they're helping other pets as well. Every pet deserves a wish come true. Send your pet's wish to Chewy.com slash Chewy Claws and it might become a reality. Plus, your wish means Chewy will donate five meals to pets in need.

21:25This episode is brought to you by 20th Century Studios upcoming comedy, Ella McKay. From Academy Award-winning writer-director James L. Brooks, Emma Mackey plays Ella McKay, an idealistic young woman who juggles family and work in a story about the people you love and how to survive them. Featuring an all-star cast, including Jamie Lee Curtis, Jack Loudon,

21:55In 2019, months after receiving this report, Ellen's parents sued Dr. Osborne and the Philadelphia Medical Examiner's Office. The goal of the lawsuit was for Ellen's manner of death to be changed from suicide to homicide. This way, the Greenbergs could, quote, have a full investigation and go where the truth is, end quote. After filing the lawsuit, Ellen's father Josh told Local 21 News, quote, we have no family future without our daughter. Every family's future is with their children. There is none in our life, end quote. Now, Dr. Osborne and the medical examiner's office tried to have the lawsuit thrown out, but the judge ultimately ruled that the Greenberg civil suit could be brought to trial, specifically noting that Dr.

22:43Osborne's, quote, choice to rely on information from police without independently confirming it raises a legitimate question to be resolved at trial as to whether Osborne abused his discretion, end quote. Now, as a part of this process, the Greenberg's attorneys were able to conduct a more in-depth investigation into Ellen's death. They uncovered even more information that had never come to light. We know this is exactly why so many families pursue civil suits, just to get more information. Now, according to court documents, since 2011, the Greenbergs, their investigators, and their attorneys had been told repeatedly that the Philadelphia Police Department, the PPD, didn't have any video footage from the apartment complex for the day Ellen was found dead.

23:35And guess what? It all of a sudden popped up. Late in January 2021, the Greenbergs learned that the PPD did have surveillance footage. They obtained it in early 2011, nearly 10 years prior. But again, they get the runaround. Once the attorneys learned about this video, of course they reached out and asked for a copy. But again, the PPD said they didn't have any footage. It was only after the attorneys threatened to involve the court that the PPD apparently discovered the surveillance video and handed it over. So, let's talk about the video. Attorneys reviewed it and noticed that at 6.32pm, Ellen's fiancé Sam entered the first floor elevator by himself.

24:21There was no security guard with him like he told the police. One minute later, at 6.33, Sam called 911 to report that he'd broken down the door and found Ellen in the kitchen. This footage proved that Sam lied to the police when he said the security guard went to the apartment with him and was present when he broke down the door. Now, how do we know that the PPD had this footage? Well, according to court documents, the Greenberg's attorney know for a fact that someone with the PPD or DA's office viewed this footage of Sam. They know this because the viewer created a video timeline that tracks Sam's movements between 4.50 and 6.42pm.

25:02So, just like the report from Dr. Rourke Adams, the Greenberg's team is seeing these references to other reports and evidence that they're eventually able to pull out. It's also worth noting that the timeline specifically notes that Sam entered the elevator alone just before his 911 call. So, what happens next? Well, in April 2021, three months after the footage was reviewed, Dr. Osborne and his boss, Dr. Golino, gave depositions in the Greenbergs lawsuit. Through these depositions, the Greenbergs learned for the first time that back in March 2011, before Ellen's manner of death was changed from homicide to suicide, this unprecedented meeting took place between the PPD, Dr.

25:46Osborne, Dr. Golino, and a high-ranking representative from the Philadelphia District Attorney's Office. Previously, Dr. Osborne and Dr. Golino both testified that this meeting had never taken place. So again, the truth is just slowly coming out through these proceedings. Now they're admitting that the meeting happened, and according to Dr. Osborne, before the meeting, a police investigator directly asked him to change the cause of death on at least one occasion. But it wasn't until after this meeting that Dr. Osborne changed Ellen's cause of death from homicide to suicide. So obviously something major happened at this meeting.

26:29Dr. Osborne testified that during this meeting, police presented additional evidence that they felt pointed to a suicide. This evidence included a lack of defensive wounds on Ellen's body and the door being locked from the inside. The police further told Dr. Osborne that the security guard had witnessed Sam break down the door. Dr. Osborne testified that this new information about the security guard being with Sam led him to consider suicide as a plausible explanation. He said it suggested that Ellen must have been alone in the apartment when she was stabbed. Dr. Osborne also said another deciding factor was Dr.