The Pennsylvania Supreme Court has agreed to hear an appeal from the family of a Philadelphia woman whose 2011 stabbing death was ruled a homicide before the medical examiner switched it to suicide after police objected.
Teacher Ellen Greenberg was discovered with a knife in her chest along with multiple stab wounds and bruises in 2011. 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.
Greenberg’s parents, Sandee and Dr. Josh Greenberg, are seeking to have the ruling changed back to homicide. 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.”
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In Tuesday’s order, the Supreme Court said it will consider whether “executors and administrators of an estate have standing to challenge an erroneous finding recorded on the decedent’s death certificate where that finding constitutes a bar or material impediment to recovery of victim’s compensation, restitution or for wrongful death, as well as private criminal complaints.”
Joseph Podraza, the lawyer for Greenberg’s parents, told The Philadelphia Inquirer that his clients were “elated” by the Supreme Court’s decision to take the case. He said death rulings can impact survivors’ ability to access insurance money and victims funds. He also questioned giving a coroner or medical examiner “absolute discretion that can’t be challenged.”
Speaking after the ruling Joshua told DailyMail.com : "Ellen stabbing herself 20 times before dying is bulls**t. She died from a very vicious, very painful knife attack."
Sandee said: "We're smiling, we're very optimistic... I hope we're making our daughter proud. There's been a lot of frustration, but we haven't given up."
Joshua said the family would change a precedent if it won the case and they hoped Greenberg's cause of death might be changed to 'undetermined'.
He said: "Medical examiners apparently have this ability that you and I don't have - they can walk on water so their conclusions cannot be challenged, except by a court. So, we are challenging something that cannot be challenged."
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