Philadelphia

Lawyers argue lawsuit against Philly over ruling of Ellen Greenberg's death

Lawyers for the parents of Ellen Greenberg presented arguments in their lawsuit over their daughter's stabbing death being ruled a suicide

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The parents of Ellen Greenberg appeared in court on Wednesday as their lawyers presented arguments in their lawsuit that accuses the city of Philadelphia of falsely labeling their daughter’s 2011 stabbing death a suicide in order to cover up a botched homicide investigation.

“I’m hoping we’re going to prove that Ellen did not commit suicide,” Ellen’s father, Josh Greenberg, told NBC10. “That’s what this is all about. Justice for Ellen.”

On Jan. 26, 2011, Ellen Greenberg, 27, was found dead by her fiancé in the kitchen of her apartment on Flat Rock Road in Philadelphia. The first-grade teacher had suffered 20 stab wounds.

Philadelphia Police and the Philadelphia District Attorney’s Office both investigated her death. Police considered her death a suicide because her apartment door was locked from the inside and her boyfriend — who said he found her after breaking down the door — had no defensive wounds.

Philadelphia Medical Examiner Marlon Osbourne initially ruled her death a homicide, noting the large number of stab wounds, including 10 to the back of her neck. After police publicly challenged the findings, Osbourne switched the ruling to suicide without explanation.

Over the past several years, Greenberg’s parents – Josh and Sandee Greenberg -- have sought to have the ruling changed back to homicide and filed a lawsuit against Philadelphia. The city has objected, arguing that state law "makes clear that a medical examiner can be wrong as to the manner of death yet cannot be compelled to change it.”

In 2018, the investigation was turned over to the Pennsylvania Attorney General’s Office for review. The investigation was then turned over to Chester County detectives in August 2022 in order to avoid the appearance of a conflict of interest.

Chester County detectives first conducted a review of the Philadelphia Police and Attorney General's Office investigations. They also conducted new interviews and consulted with an independent forensic expert.

Then in November 2024,  the Chester County District Attorney’s Office announced that they could not prove beyond a reasonable doubt that a crime was committed and the investigation was placed as inactive. Despite this, Greenberg’s parents – who currently live in Florida – have continued to fight to change the ruling of their daughter’s death while insisting she was murdered.

On Wednesday, Dec. 11, 2024, Greenberg’s parents appeared in court in Philadelphia as their lawyers presented the arguments made in the lawsuit against the city.

“I’ve never been in a courtroom before and I couldn’t believe that we’re talking about our daughter,” Sandee Greenberg said. “And I can’t believe all the lies and I look at these legal people that are defending liars.”

Lawyers for the couple argued that the officials involved in their daughter’s case botched the investigation and were trying to cover it up as a result. They also accused them of intentionally causing the couple emotional distress. Defense attorneys said the claims are insufficient to meet the high bar for intentional infliction of emotional distress. They also said their clients are protected by immunity.

The judge didn’t make a decision on Wednesday. The next court appearance is scheduled for Jan. 21, 2025.

“I feel like we’re advocating for her,” Sandee Greenberg said. “I feel she deserves justice and I want to hope that she’s proud of us. And I appreciate everybody here for standing by us and following this story because the truth will be told.”

The lawsuit against Philadelphia is one of two that the Greenbergs have filed. The second lawsuit aims to change the ruling on their daughter’s death certificate. That case is pending before the Pennsylvania Supreme Court.

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