Tuesday, September 19, 2023

Ellen Greenberg: Florida: Major (Unwelcome) Development: (A guide to how to commit murder and not be held accountable?) An appellate panel has ruled by majority that the deceased 27-year-old's parents lacked standing in a civil lawsuit aimed at having her cause of death changed from "suicide" (as classified by Philadelphia pathologist Dr. Marion Osbourne), to "homicide" or "undetermined", The Guardian (Reporter Steven White) reports…"The doctor, who now works in Florida, had ruled Ellen's death that included 20 stab wounds - 10 to the back of the head and neck - as a "suicide." Her parents, Sandee and Dr. Josh Greenberg, hoped that by suing the city, its medical examiner's office and Osbourne, it would be changed to "homicide" or "undetermined." In a 32-page decision, the judge called the facts of case "deeply disturbing" and extended sympathies (to) the parents. Commonwealth Judge Ellen Ceisler wrote: "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. "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." Fox News reports that although Dr Osbourne's initial finding was that the death was a homicide, this came after the crime scene had been cleaned up and before police arrived with a search warrant."


QUOTE OF THE DAY: "Mr Podraza (Ellen's parent's attorney HL)  said: "The majority opinion is a road map on how to commit murder and to not be held accountable. "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."

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PASSAGE ONE OF THE DAY: "The decision continued: "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." Yet it was concluded that no evidence was shown that Ms Ware, the police representative or the cleaning service were interviewed. Joe Podraza, Ellen's parents' attorney said that items were also removed out of the apartment by her fiance's uncle, including her purse, three laptops and two cellphones. Ms Ware took video of the scene before the cleanup crew arrived and gave it to Philadelphia police but it is currently unaccounted for, According to the Mr Podraza. Ellen's death certificate was revised a month later after a secret meeting involving police, prosecutors and the pathologists."

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PASSAGE TWO OF THE DAY: "Officially, her violent death was and remains a suicide. Judge Ceisler also noted the "astonishment" that the security guard who Ellen's fiance claimed was present when he found the body denied having been there, in writing.  A new admission was also included from officials that the evidence "could support other conclusions" than a suicide - Podraza called this a "remarkable admission". Judge Patricia McCullough - one of three judges on the panel - argued that Ellen has been "deprived" of her "victim status" by it being ruled a suicide on what she called "the erroneous death certificate". Suicide is not a crime under state law."

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STORY: "Teacher's suspicious suicide crime scene was cleaned up before police arrived," by Reporter Steven White, published by The Guardian, on September 15, 2023.

SUB-HEADING: "Philadelphia teacher Ellen Greenberg was found dead in her apartment in 2011 covered in stab wounds and bruises to the head and body - but her death was ruled a suicide."


PHOTO CAPTON: "Ellen Greenberg who died when she was just 27." 


GIST: The apartment of a woman found dead in it was cleaned up before police arrived in what has been branded a 'deeply flawed' investigation.


Philadelphia teacher Ellen Greenberg was discovered with a knife in her chest along with multiple stab wounds and bruises in 2011.


 On Wednesday an appellate panel ruled by majority that the 27-year-old's parents lacked standing in a civil lawsuit but lambasted Philadelphia pathologist, Dr. Marlon Osbourne.


The doctor, who now works in Florida, had ruled Ellen's death that included 20 stab wounds - 10 to the back of the head and neck - as a "suicide."


 Her parents, Sandee and Dr. Josh Greenberg, hoped that by suing the city, its medical examiner's office and Osbourne, it would be changed to "homicide" or "undetermined."


In a 32-page decision, the judge called the facts of case "deeply disturbing" and extended sympathies the parents. Commonwealth Judge Ellen Ceisler wrote: "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.


"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."


  Fox News reports that although Dr Osbourne's initial finding was that the death was a homicide, this came after the crime scene had been cleaned up and before police arrived with a search warrant.


The decision continued: "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." Yet it was concluded that no evidence was shown that Ms Ware, the police representative or the cleaning service were interviewed.


Joe Podraza, Ellen's parents' attorney said that items were also removed out of the apartment by her fiance's uncle, including her purse, three laptops and two cellphones.


Ms Ware took video of the scene before the cleanup crew arrived and gave it to Philadelphia police but it is currently unaccounted for, According to the Mr Podraza. Ellen's death certificate was revised a month later after a secret meeting involving police, prosecutors and the pathologists.


Officially, her violent death was and remains a suicide. Judge Ceisler also noted the "astonishment" that the security guard who Ellen's fiance claimed was present when he found the body denied having been there, in writing. 


A new admission was also included from officials that the evidence "could support other conclusions" than a suicide - Podraza called this a "remarkable admission".


Judge Patricia McCullough - one of three judges on the panel - argued that Ellen has been "deprived" of her "victim status" by it being ruled a suicide on what she called "the erroneous death certificate". Suicide is not a crime under state law.


Mr Podraza said: "The majority opinion is a road map on how to commit murder and to not be held accountable. "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."


The Chester County District Attorney's Office is also conducting an outside review of the 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.


The attorney added in a statement that the City is "now, and has always been, deeply sympathetic" to Ellen's parents over their loss and urged them to come forward if they have any new evidence and present it to Chester County investigators as they have the authority to reopen the investigation."


The entire story can be read at: 

https://www.mirror.co.uk/news/us-news/teachers-suspicious-suicide-crime-scene-30949878

PUBLISHER'S NOTE: I am monitoring this case/issue/resource. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog;

SEE BREAKDOWN OF SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG, AT THE LINK BELOW: HL

https://www.blogger.com/blog/post/edit/120008354894645705/47049136857587929

FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices.

Lawyer Radha Natarajan;

Executive Director: New England Innocence Project;

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FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions. They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!


Christina Swarns: Executive Director: The Innocence Project;


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YET ANOTHER FINAL WORD:


David Hammond, one of Broadwater’s attorneys who sought his exoneration, told the Syracuse Post-Standard, “Sprinkle some junk science onto a faulty identification, and it’s the perfect recipe for a wrongful conviction.”


https://deadline.com/2021/11/alice-sebold-lucky-rape-conviction-overturned-anthony-broadwater-1234880143/

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