Former Philly ADA can speak in Ellen Greenberg suicide case, court rules

A court, on Tuesday, ruled that the family of Ellen Greenberg, a 27-year-old teacher who was found dead in her Manayunk apartment after being stabbed 20 times, could depose a former Philadelphia prosecutor who said he has doubts that her death was, indeed, a suicide.

The ruling comes as the family continues a years-long court fight with the City of Philadelphia over Ellen's manner of death. In 2011, her death was ruled a suicide but, her parents believe she was murdered.

On Tuesday, attorneys for the Greenberg family asked to question Guy D'Andrea, a former assistant district attorney who worked on the case, as part of the ongoing court fight, in a move that representatives for the city had tried to quash.

However, the court ruled that D'Andrea could be deposed on or before May 6.

Greenberg's parents, Josh and Sandee, celebrated the court's decision in a statement to NBC10.

“We are pleased and so should every parent in America. Ellen’s death is so obviously a murder. This case is riddled with delay tactics!" Greenberg's parents said.

But, what new light could D'Andrea shed on this 13 year old investigation?

Ellen Greenberg's death

On January 26, 2011, Greenberg, who was a teacher at Juniata Park Academy for four years, was found dead by her fiancé inside a unit at the Venice Loft Condominiums along the 4600 block of Flat Rock Road in the city’s Manayunk neighborhood.

Her fiancé was returning from the gym and he told police that he found the apartment door locked and had to break in to get back inside where he found her seated on the kitchen floor, according to court documents.

An autopsy the next day revealed Greenberg had suffered 20 stab wounds to her chest, abdomen, head and neck.

A knife was also found embedded 10 centimeters into her chest.

Philadelphia’s then medical examiner, Dr. Marlon Osbourne, initially ruled Greenberg’s death a homicide.

However, on February 28, 2011, the Philadelphia Police Department declared that her death had been ruled a suicide.

Then, on April 4, 2011, Osbourne formally amended the manner of death on Greenberg’s death certificate from homicide to suicide.

A former prosecutor's concerns with the case

In an interview with NBC10, D'Andrea said that there were a few elements of the case that made him believe her death should not have been categorized as a suicide.

"At a minimum, from an everyday standpoint, this is an undetermined manner of death," D'Andrea told NBC10.

First, from his review of the case file, D'Andrea argued that forensic investigation of the crime showed that Greenberg's spine was pierced during the incident, which, he said, would have "immediately incapacitated" her.

And, he continued, if she was incapacitated, she could have never been able to stab herself nearly two dozen times.

"She wouldn't have been able to continue to stab herself," he argued. "She would not have been able to stab herself in the chest."

Also, D'Andrea said, Greenberg's body may have been moved after her death.

According to D'Andrea, when Greenberg's body was found -- in a seated position on the floor -- there were traces of blood on her face that seemed to flow from her nostril to her ear, hinting that she may have been laying in a horizontal position for some time.

"She must have been laying long enough on her side for the blood to run in that direction as well as long enough that it wouldn't drag or drip when she was in a seated position," D'Andrea argued.

Yet, D'Andrea noted that both the police investigating the scene and Greenberg's fiancé, who found her after the incident, said Greenberg's body was not moved until after crime scene investigators had reviewed the scene.

Asked why this blood pattern wasn't an issue to investigators previously, D'Andrea said it should have been and argued that he had brought it up with others in the past.

"It came up as 'We've seen stranger things,'" recalled D'Andrea. "Yes, I have too, but never stranger things that have defied physics."

D'Andrea expects to discuss those issues -- as well as pointing out a lack of blood found in the apartment despite Greenberg's injuries -- if he is brought into court.

According to attorneys for the Greenberg family, the city could still raise issues, including seeking immunity as the defendants are government officials.

Representatives for the city have not yet responded to requests for comment on this ongoing case.