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These are the user uploaded subtitles that are being translated: 1 00:00:17,059 --> 00:00:19,979 [dramatic music] 2 00:00:20,062 --> 00:00:23,315 ♪ ♪ 3 00:00:23,398 --> 00:00:24,692 JOE: Good morning. 4 00:00:24,775 --> 00:00:26,735 This is the video recorded deposition 5 00:00:26,818 --> 00:00:29,655 of Dr. Marlon Osbourne. 6 00:00:29,738 --> 00:00:31,073 DEPOSITION OFFICER: Dr. Osbourne, 7 00:00:31,156 --> 00:00:33,075 will you please raise your right hand? 8 00:00:33,158 --> 00:00:35,619 Do you swear or affirm that the testimony 9 00:00:35,702 --> 00:00:36,996 you are about to give 10 00:00:37,079 --> 00:00:38,914 will be the truth, the whole truth, 11 00:00:38,997 --> 00:00:40,875 and nothing but the truth? 12 00:00:40,958 --> 00:00:43,752 I do. 13 00:00:43,835 --> 00:00:45,171 JOE: Good morning, Dr. Osbourne. 14 00:00:45,254 --> 00:00:47,298 My name is Joe Podraza, and I represent 15 00:00:47,381 --> 00:00:49,425 the estate of Ellen Greenberg. 16 00:00:49,508 --> 00:00:52,428 You reached a conclusion as to what the manner of death was. 17 00:00:52,511 --> 00:00:53,679 Is that correct? 18 00:00:53,762 --> 00:00:55,139 That is correct. 19 00:00:55,222 --> 00:00:56,599 JOE: And you reached the conclusion of a homicide. 20 00:00:56,682 --> 00:00:57,892 Is that correct? 21 00:00:57,975 --> 00:00:59,894 At that time, yes, that's correct. 22 00:00:59,977 --> 00:01:03,856 JOE: And we know that later, 23 00:01:03,939 --> 00:01:05,816 that would be revised to suicide. 24 00:01:05,899 --> 00:01:06,942 Correct? 25 00:01:07,025 --> 00:01:08,527 It was amended to suicide, yes. 26 00:01:08,610 --> 00:01:10,070 JOE: All right. 27 00:01:10,153 --> 00:01:13,949 If you were told there was a question 28 00:01:14,032 --> 00:01:16,493 as to whether the fiancé was accompanied by someone, 29 00:01:16,576 --> 00:01:19,663 whether the fiancé broke through the door, 30 00:01:19,746 --> 00:01:22,750 whether the lock was engaged when the wounds were 31 00:01:22,833 --> 00:01:25,711 administered to Ellen, that those were in question 32 00:01:25,794 --> 00:01:28,881 and not decided, would you have changed 33 00:01:28,964 --> 00:01:30,925 your initial determination of homicide 34 00:01:31,008 --> 00:01:35,429 to suicide while those questions remained open? 35 00:01:35,512 --> 00:01:42,519 ♪ ♪ 36 00:01:51,653 --> 00:01:55,699 Brett, as a baby, you're so little. 37 00:01:55,782 --> 00:01:57,409 Here's Rachel and Ellen. 38 00:01:57,492 --> 00:01:59,870 Aww. I love that picture. 39 00:01:59,953 --> 00:02:01,872 [pensive music] 40 00:02:01,955 --> 00:02:04,124 DEBBIE: Think of all that's happened in our lives 41 00:02:04,207 --> 00:02:06,752 since 14 years ago. 42 00:02:06,835 --> 00:02:07,920 You're all just little kids. 43 00:02:08,003 --> 00:02:09,463 Now you're all grown adults. 44 00:02:11,131 --> 00:02:13,676 BRETT: You never expect to be in the scenario 45 00:02:13,759 --> 00:02:16,470 where you have a family member who is murdered 46 00:02:16,553 --> 00:02:18,180 and, you know, nobody believes you. 47 00:02:18,263 --> 00:02:20,975 Yeah, and 14 years later, it's still unsolved. 48 00:02:21,058 --> 00:02:23,894 Yeah, it's kind of become, like, a mission 49 00:02:23,977 --> 00:02:28,607 or a goal of ours trying to determine 50 00:02:28,690 --> 00:02:30,817 what actually happened to Ellen. 51 00:02:32,152 --> 00:02:34,655 DEBBIE: We miss her. 52 00:02:34,738 --> 00:02:37,658 And we will find justice for Ellen. 53 00:02:37,741 --> 00:02:40,160 Yeah. 54 00:02:42,120 --> 00:02:46,083 ♪ ♪ 55 00:02:46,166 --> 00:02:48,002 BRETT: The Philadelphia Inquirer article 56 00:02:48,085 --> 00:02:50,212 came out about Ellen in 2019. 57 00:02:50,295 --> 00:02:53,424 It started to gather significant internet traction. 58 00:02:53,507 --> 00:02:55,634 And we saw that immediately. 59 00:02:55,717 --> 00:02:57,595 If you searched Ellen's name, 60 00:02:57,678 --> 00:02:59,597 people were chattering about it. 61 00:02:59,680 --> 00:03:00,973 I think that's when I first started 62 00:03:01,056 --> 00:03:03,058 looking at this like, hey, someone has 63 00:03:03,141 --> 00:03:04,768 to have eyes on the internet. 64 00:03:04,851 --> 00:03:08,397 Perhaps there will be a tip, someone who could help us. 65 00:03:08,480 --> 00:03:11,859 And now it is on all corners of the internet. 66 00:03:11,942 --> 00:03:14,862 PERSON 1: [speaking native language] 67 00:03:14,945 --> 00:03:16,905 765,000 views. 68 00:03:16,988 --> 00:03:18,782 This one's in German. 69 00:03:18,865 --> 00:03:21,535 PERSON 2: [speaking German] 70 00:03:21,618 --> 00:03:24,872 BRETT: There's podcasts and videos and tweets 71 00:03:24,955 --> 00:03:28,083 and posts where people have engaged in these 72 00:03:28,166 --> 00:03:31,128 long-form discussions and try and generate 73 00:03:31,211 --> 00:03:35,132 new ideas of perhaps what... what could have happened. 74 00:03:36,425 --> 00:03:39,345 There's this community of people who really care 75 00:03:39,428 --> 00:03:41,597 about what happened with Ellen. 76 00:03:41,680 --> 00:03:45,225 ♪ ♪ 77 00:03:45,308 --> 00:03:48,395 JOEL: Like everybody else's curiosity, we googled it. 78 00:03:48,478 --> 00:03:53,525 And then that's when we were like, oh, goodness. 79 00:03:53,608 --> 00:03:55,778 [chuckles] This is gonna be interesting. 80 00:03:55,861 --> 00:03:59,323 I worked with Sam Goldberg at NBC 81 00:03:59,406 --> 00:04:02,618 and now currently at LIV Golf for many years. 82 00:04:02,701 --> 00:04:04,495 He's a really nice guy. 83 00:04:04,578 --> 00:04:06,330 And he's like, hey, bro, what's happening? 84 00:04:06,413 --> 00:04:07,414 How's your day? 85 00:04:07,497 --> 00:04:10,709 Just nonchalant, just doing his job. 86 00:04:10,792 --> 00:04:13,712 After the information came out from the Enquirer, 87 00:04:13,795 --> 00:04:17,424 that's when everybody started talking about it. 88 00:04:17,507 --> 00:04:18,842 Is this really true? 89 00:04:18,925 --> 00:04:20,094 Did this happen? 90 00:04:20,177 --> 00:04:24,723 And it made it awkward for a lot of people. 91 00:04:24,806 --> 00:04:26,308 But we don't know anything. 92 00:04:26,391 --> 00:04:30,396 It's... you know, he's not been charged with anything. 93 00:04:30,479 --> 00:04:34,483 But there are people that are scared to work around him. 94 00:04:34,566 --> 00:04:36,985 They're very nervous. 95 00:04:37,068 --> 00:04:43,700 ♪ ♪ 96 00:04:47,037 --> 00:04:49,164 D'MICHELLE: So here's the timeline, 97 00:04:49,247 --> 00:04:52,125 beginning January 26, 2011. 98 00:04:53,960 --> 00:04:55,254 One of the things that everyone, 99 00:04:55,337 --> 00:04:58,173 including the investigators, took as a fact 100 00:04:58,256 --> 00:05:04,346 is that Ellen must have died between 4:50 PM and 5:27 PM. 101 00:05:04,429 --> 00:05:06,265 She could have killed herself 102 00:05:06,348 --> 00:05:09,935 or someone could have killed her well before 4:50. 103 00:05:10,018 --> 00:05:11,895 This is why the police and everybody else 104 00:05:11,978 --> 00:05:14,481 locks in on this time frame, right? 105 00:05:14,564 --> 00:05:16,567 SARAH: Is because he left. -They believe Sam. 106 00:05:16,650 --> 00:05:18,527 Sam says, when I left at 4:50... 107 00:05:18,610 --> 00:05:20,612 SARAH: She was fine. -... she's alive. 108 00:05:20,695 --> 00:05:22,823 SARAH: We know that it can't have 109 00:05:22,906 --> 00:05:24,950 happened before this 1:42 phone call 110 00:05:25,033 --> 00:05:26,618 because Ellen is not home. 111 00:05:26,701 --> 00:05:28,412 She's getting gas at 1:26. 112 00:05:28,495 --> 00:05:31,957 GUY: I think it's significant that that day, 113 00:05:32,040 --> 00:05:34,251 Ellen is choosing to fill her gas tank up. 114 00:05:34,334 --> 00:05:35,544 D'MICHELLE: Yes. 115 00:05:35,627 --> 00:05:37,337 But, you know, a lot of people do that when a storm's... 116 00:05:37,420 --> 00:05:38,589 I mean, I do. 117 00:05:38,672 --> 00:05:40,132 If a storm's coming, I fill mine up. 118 00:05:40,215 --> 00:05:43,510 GUY: But I'm saying, if she's planning this evening when Sam 119 00:05:43,593 --> 00:05:45,429 goes to the gym, I'm going to take my life, 120 00:05:45,512 --> 00:05:47,097 or at least considering it... D'MICHELLE: True. 121 00:05:47,180 --> 00:05:48,724 THOMAS: Yeah. -... why fill your gas tank? 122 00:05:48,807 --> 00:05:49,892 D'MICHELLE: Very true. SARAH: Right. 123 00:05:49,975 --> 00:05:52,352 Although most suicides, a decision is made 124 00:05:52,435 --> 00:05:55,564 with little time between the decision and the act. 125 00:05:55,647 --> 00:06:02,654 ♪ ♪ 126 00:06:10,078 --> 00:06:12,998 [tense music] 127 00:06:13,081 --> 00:06:15,459 ♪ ♪ 128 00:06:15,542 --> 00:06:18,504 Clearly, nobody lives in the apartment now. 129 00:06:18,587 --> 00:06:21,256 And all of the items here are replicated 130 00:06:21,339 --> 00:06:24,968 as close as humanly possible to the actual crime scene photos. 131 00:06:25,051 --> 00:06:28,222 You do want the re-creation to be as close as possible 132 00:06:28,305 --> 00:06:30,057 because there's all these things that start to click 133 00:06:30,140 --> 00:06:33,936 and make sense when you're in the space. 134 00:06:34,019 --> 00:06:36,730 The language in the report was all this stuff about, 135 00:06:36,813 --> 00:06:38,315 there's no sign of a struggle. 136 00:06:38,398 --> 00:06:42,110 A struggle doesn't have to be tipped-over coffee tables and... 137 00:06:42,193 --> 00:06:44,780 and drawers ripped out. 138 00:06:44,863 --> 00:06:47,950 The way the knife block is on its side 139 00:06:48,033 --> 00:06:50,160 in an otherwise orderly kitchen... 140 00:06:50,243 --> 00:06:51,703 D'MICHELLE: And the knives are scattered. 141 00:06:51,786 --> 00:06:53,247 SARAH:... the knives are scattered, 142 00:06:53,330 --> 00:06:57,251 the death happens in an extremely small area. 143 00:06:57,334 --> 00:07:00,170 So the struggle is going to be confined as well. 144 00:07:00,253 --> 00:07:02,130 D'MICHELLE: And in the autopsy report, 145 00:07:02,213 --> 00:07:04,466 there is a dissection of the strap muscles 146 00:07:04,549 --> 00:07:08,053 of the neck, which is, in my opinion, showing injury. 147 00:07:08,136 --> 00:07:09,846 And the paragraph is textbook. 148 00:07:09,929 --> 00:07:12,140 It's template of a pristine neck. 149 00:07:12,223 --> 00:07:15,686 ♪ ♪ 150 00:07:15,769 --> 00:07:18,105 Looking at the autopsy photos, 151 00:07:18,188 --> 00:07:19,439 it did look like there was hemorrhage 152 00:07:19,522 --> 00:07:21,149 in the strap muscles of the neck, 153 00:07:21,232 --> 00:07:23,235 like there was an injury there. 154 00:07:23,318 --> 00:07:26,280 And what that means is usually manual strangulation. 155 00:07:26,363 --> 00:07:29,741 And my findings were aligned with another forensic 156 00:07:29,824 --> 00:07:32,077 pathologist who was commissioned by the Greenbergs 157 00:07:32,160 --> 00:07:34,746 to review this case. 158 00:07:34,829 --> 00:07:37,291 Just because someone doesn't have big, bruising thumbprints 159 00:07:37,374 --> 00:07:40,002 or fingerprints on their neck does not mean 160 00:07:40,085 --> 00:07:41,461 that they were not strangled. 161 00:07:41,544 --> 00:07:43,755 Oftentimes, they don't show up. 162 00:07:46,174 --> 00:07:47,593 SARAH: The biggest thing that people use 163 00:07:47,676 --> 00:07:49,720 to explain it as a suicide is, 164 00:07:49,803 --> 00:07:51,221 it's a locked door mystery, right? 165 00:07:51,304 --> 00:07:52,764 The classic locked door mystery, 166 00:07:52,847 --> 00:07:55,559 that nobody else could have been in here 167 00:07:55,642 --> 00:07:57,519 with her because of this. 168 00:07:59,020 --> 00:08:01,189 MELISSA: I personally have done that. 169 00:08:01,272 --> 00:08:02,608 I've locked myself out. 170 00:08:02,691 --> 00:08:05,235 I shut the door hard, and the latch came 171 00:08:05,318 --> 00:08:06,945 and went right over top of it. 172 00:08:07,028 --> 00:08:09,406 And then you're... you're locked out. 173 00:08:09,489 --> 00:08:12,618 So it's possible to do that. 174 00:08:12,701 --> 00:08:14,870 Does it happen often? No. 175 00:08:14,953 --> 00:08:17,205 But it can. 176 00:08:17,288 --> 00:08:21,376 SARAH: The last known activity on Ellen's computer is 4:46. 177 00:08:21,459 --> 00:08:22,878 GUY: Sure. 178 00:08:22,961 --> 00:08:26,256 Then, obviously, at 4:50 PM, which we know from CCTV, 179 00:08:26,339 --> 00:08:27,758 he goes to the gym. 180 00:08:27,841 --> 00:08:29,885 And then just 37 minutes later, 181 00:08:29,968 --> 00:08:32,596 he's at the elevator bay to go upstairs. 182 00:08:32,679 --> 00:08:33,597 SARAH: Yeah. 183 00:08:33,680 --> 00:08:37,017 So that's right around 5:30. 184 00:08:37,100 --> 00:08:39,770 And now we see this avalanche 185 00:08:39,853 --> 00:08:42,522 of text messages and phone calls. 186 00:08:42,605 --> 00:08:46,693 [line ringing] 187 00:08:46,776 --> 00:08:49,488 In addition to the calls made to Ellen, 188 00:08:49,571 --> 00:08:52,115 he sends the following text messages. 189 00:08:52,198 --> 00:08:56,578 5:32, "Hello," with a bunch of exclamation points. 190 00:08:56,661 --> 00:09:00,290 Five seconds later, "Open the door." 191 00:09:00,373 --> 00:09:02,542 Three minutes later, "What are you doing," 192 00:09:02,625 --> 00:09:04,169 question mark, exclamation point, 193 00:09:04,252 --> 00:09:06,088 question mark, exclamation point. 194 00:09:06,171 --> 00:09:10,050 And then we have about a 13-minute window. 195 00:09:10,133 --> 00:09:13,804 And he just says, "U Better have an excuse." 196 00:09:13,887 --> 00:09:15,931 Three minutes later, "What the fuck," 197 00:09:16,014 --> 00:09:17,391 bunch of exclamation points. 198 00:09:17,474 --> 00:09:20,560 Six minutes later, A, bunch of Hs, 199 00:09:20,643 --> 00:09:22,562 bunch of exclamation points. 200 00:09:22,645 --> 00:09:28,276 Eight minutes after that, "U have no idea." 201 00:09:28,359 --> 00:09:30,237 Let's look at Sam's statements. 202 00:09:30,320 --> 00:09:32,531 Sam told investigators he'd been trying 203 00:09:32,614 --> 00:09:35,575 to get into the apartment for nearly an hour. 204 00:09:35,658 --> 00:09:38,328 Right, here's what he thought Ellen was doing for the hour, 205 00:09:38,411 --> 00:09:39,788 which is why she didn't hear. 206 00:09:39,871 --> 00:09:41,623 It was either she was... this is his words. 207 00:09:41,706 --> 00:09:44,334 She was showering, she was doing her hair, 208 00:09:44,417 --> 00:09:46,628 or she was doing work with her headphones on. 209 00:09:46,711 --> 00:09:48,463 SARAH: Right, and we know for a fact 210 00:09:48,546 --> 00:09:50,966 because we watch him on the tapes. 211 00:09:51,049 --> 00:09:52,259 And we see him in the hall, and we see him 212 00:09:52,342 --> 00:09:54,052 doing this other stuff. 213 00:09:54,135 --> 00:09:56,596 And we see him come up to the elevator 214 00:09:56,679 --> 00:09:59,265 right around 6:28. 215 00:10:01,351 --> 00:10:03,770 And then 6:30, we see 911. 216 00:10:24,624 --> 00:10:25,625 D'MICHELLE: 10 feet. 217 00:10:25,708 --> 00:10:28,420 SARAH: It feels really obvious to us. 218 00:10:28,503 --> 00:10:32,382 But could he or could he not have noticed a knife blade 219 00:10:32,465 --> 00:10:33,883 jutting out of her chest? 220 00:10:51,150 --> 00:10:53,069 GUY: One of the first things, even from a distance, 221 00:10:53,152 --> 00:10:54,571 even from a photo, the first thing 222 00:10:54,654 --> 00:10:56,156 at least my eyes went to was the knife. 223 00:10:56,239 --> 00:10:58,992 Knife. 224 00:10:59,075 --> 00:11:01,745 Behavioral analysis is about recognizing 225 00:11:01,828 --> 00:11:03,747 stimuli and response. 226 00:11:03,830 --> 00:11:07,626 What stimuli would have elicited this response? 227 00:11:07,709 --> 00:11:11,546 20 stab wounds, such a violent stabbing death. 228 00:11:11,629 --> 00:11:14,549 So if she didn't die by suicide, 229 00:11:14,632 --> 00:11:17,177 who, whether it's somebody she knows or not, 230 00:11:17,260 --> 00:11:20,597 was in a position to have that reaction, 231 00:11:20,680 --> 00:11:22,516 to react so strongly, 232 00:11:22,599 --> 00:11:26,352 so quickly, and so aggressively? 233 00:11:32,692 --> 00:11:35,612 [solemn music] 234 00:11:35,695 --> 00:11:39,533 ♪ ♪ 235 00:11:39,616 --> 00:11:43,244 SANDEE: In the beginning, we sought marriage counseling. 236 00:11:46,080 --> 00:11:50,460 We've had many, many, many ups and downs. 237 00:11:50,543 --> 00:11:52,587 We still love each other. 238 00:11:52,670 --> 00:11:58,760 But there are times where it's... it's a struggle. 239 00:11:58,843 --> 00:12:00,428 -Can I have cream cheese? -Mm-hmm. 240 00:12:00,511 --> 00:12:02,222 OK. 241 00:12:02,305 --> 00:12:03,473 Very good. 242 00:12:03,556 --> 00:12:06,059 We felt Ellen was in a situation 243 00:12:06,142 --> 00:12:08,353 where they'd have a lovely marriage 244 00:12:08,436 --> 00:12:10,355 after a beautiful wedding. 245 00:12:10,438 --> 00:12:14,276 And they would live together forever, 246 00:12:14,359 --> 00:12:16,695 and we'd have grandchildren. 247 00:12:16,778 --> 00:12:20,949 We've been together 45 years-plus... with her. 248 00:12:23,534 --> 00:12:26,621 SANDEE: It's always in the back of my mind, 249 00:12:26,704 --> 00:12:29,124 I will never be a grandmother. 250 00:12:29,207 --> 00:12:32,377 That's kind of a tough pill to swallow. 251 00:12:32,460 --> 00:12:34,671 But I don't dwell on it. 252 00:12:34,754 --> 00:12:37,549 I just try to make the best of every day. 253 00:12:37,632 --> 00:12:40,427 And when I get into bed at night, 254 00:12:40,510 --> 00:12:45,056 I know I did everything I could that day to, you know, 255 00:12:45,139 --> 00:12:49,560 hold my head up and be who I am. 256 00:12:53,731 --> 00:12:57,903 JOSH: Every day, I think about Ellen. 257 00:12:57,986 --> 00:13:00,071 Our life is trying to get justice for Ellen 258 00:13:00,154 --> 00:13:03,825 and move forward every day. 259 00:13:03,908 --> 00:13:08,663 SANDEE: I'm very, very proud of Josh and I and our efforts 260 00:13:08,746 --> 00:13:11,875 to find out what really happened 261 00:13:11,958 --> 00:13:13,543 to Ellen Rae Greenberg. 262 00:13:16,045 --> 00:13:17,881 There's no gray area here. 263 00:13:17,964 --> 00:13:22,135 There's no undecided in my mind. 264 00:13:22,218 --> 00:13:25,180 The medical examiner, with the stroke of a pen, 265 00:13:25,263 --> 00:13:27,599 could change the cause and manner of death 266 00:13:27,682 --> 00:13:29,935 back to homicide. 267 00:13:30,018 --> 00:13:32,270 What's holding them back? 268 00:13:36,899 --> 00:13:38,443 [suspenseful music] 269 00:13:38,526 --> 00:13:40,570 JOE: When we came on board in 2019, 270 00:13:40,653 --> 00:13:43,365 despite the passage of eight years, 271 00:13:43,448 --> 00:13:44,699 my assessment of the matter was, 272 00:13:44,782 --> 00:13:48,536 from a legal standpoint, it had no progress. 273 00:13:48,619 --> 00:13:50,830 Remember, this is a suicide. It's not a crime. 274 00:13:50,913 --> 00:13:53,708 Nobody investigates. Nobody prosecutes. 275 00:13:53,791 --> 00:13:58,797 So the view that we had legally was, that has to change. 276 00:13:58,880 --> 00:14:03,635 We had pretty high hurdles to get over. 277 00:14:03,718 --> 00:14:07,889 It is a very high standard to challenge 278 00:14:07,972 --> 00:14:13,728 the discretionary decision by the medical examiner's office. 279 00:14:13,811 --> 00:14:18,525 There was a serious legal barrier we had to deal with. 280 00:14:18,608 --> 00:14:23,279 So we therefore said, let's ask the medical examiner's office 281 00:14:23,362 --> 00:14:27,534 to change voluntarily the manner of death 282 00:14:27,617 --> 00:14:30,829 from suicide to homicide. 283 00:14:30,912 --> 00:14:34,666 And we gave, I think, 14 days. 284 00:14:34,749 --> 00:14:36,167 Then we decided, enough. 285 00:14:36,250 --> 00:14:38,920 Now we can go to court. 286 00:14:39,003 --> 00:14:42,340 And that set off a lot of media attention. 287 00:14:42,423 --> 00:14:45,010 10 years ago, after the death of their daughter in Manayunk, 288 00:14:45,093 --> 00:14:48,555 a Pennsylvania couple continues to fight for justice. 289 00:14:48,638 --> 00:14:50,098 Authorities said it was suicide. 290 00:14:50,181 --> 00:14:53,518 But her family continues to believe otherwise. 291 00:14:53,601 --> 00:14:55,687 Today her family is pleading with investigators 292 00:14:55,770 --> 00:14:57,897 to reopen the case, saying new evidence 293 00:14:57,980 --> 00:15:00,608 suggests it's a homicide. 294 00:15:00,691 --> 00:15:03,695 JOE: The lawsuit allowed us to finally get access 295 00:15:03,778 --> 00:15:07,657 to the surveillance tape of the complex 296 00:15:07,740 --> 00:15:09,951 where Sam and Ellen resided. 297 00:15:12,203 --> 00:15:16,541 This facility had between 12 to 20 cameras. 298 00:15:18,793 --> 00:15:22,255 So we had asked for that. 299 00:15:22,338 --> 00:15:27,302 And the first response was, it doesn't exist. 300 00:15:27,385 --> 00:15:30,263 Well, hard to believe that something as fundamental 301 00:15:30,346 --> 00:15:33,349 as surveillance tape was missed by the police. 302 00:15:33,432 --> 00:15:37,771 We therefore said, please go back and check. 303 00:15:37,854 --> 00:15:40,982 We get a response back from the solicitor's office. 304 00:15:41,065 --> 00:15:42,984 No, the police have confirmed there is 305 00:15:43,067 --> 00:15:45,236 no surveillance footage at all that they 306 00:15:45,319 --> 00:15:46,905 have in their possession. 307 00:15:46,988 --> 00:15:49,407 So we said, we're gonna ask a court to get involved 308 00:15:49,490 --> 00:15:51,743 in this, or you're gonna give us 309 00:15:51,826 --> 00:15:54,788 an affidavit from somebody in the police department 310 00:15:54,871 --> 00:15:58,625 going on record saying that there was no seizure 311 00:15:58,708 --> 00:16:02,170 of the surveillance tape and it doesn't exist. 312 00:16:02,253 --> 00:16:03,630 We didn't get an affidavit because nobody was 313 00:16:03,713 --> 00:16:05,507 going on record saying that. 314 00:16:05,590 --> 00:16:09,052 But we did get the solicitor's office to come back and say, 315 00:16:09,135 --> 00:16:12,680 oh, that surveillance tape! 316 00:16:12,763 --> 00:16:15,683 [tense music] 317 00:16:15,766 --> 00:16:17,811 ♪ ♪ 318 00:16:17,894 --> 00:16:21,022 Now, that videotape is critical 319 00:16:21,105 --> 00:16:24,150 because the medical examiner's investigation report 320 00:16:24,233 --> 00:16:29,322 indicated that Sam Goldberg, the fiancé, 321 00:16:29,405 --> 00:16:32,826 had been escorted and was witnessed 322 00:16:32,909 --> 00:16:35,620 breaking into the apartment, where it was claimed 323 00:16:35,703 --> 00:16:37,288 he then found Ellen. 324 00:16:37,371 --> 00:16:40,333 And that witness was a security guard. 325 00:16:40,416 --> 00:16:42,168 And I will not forget this. 326 00:16:42,251 --> 00:16:47,215 We watched, and we realized that the footage discredited 327 00:16:47,298 --> 00:16:51,761 that claim because Mr. Hanton did not go up with the fiancé. 328 00:16:53,888 --> 00:16:57,975 There was a report that said I escorted Sam to the unit. 329 00:17:01,062 --> 00:17:04,649 When I learned that, I was really upset. 330 00:17:04,732 --> 00:17:07,569 [somber music] 331 00:17:07,652 --> 00:17:11,656 I want to be clear that I'm not accusing anybody. 332 00:17:11,739 --> 00:17:15,451 But then again, you're not gonna lie on me, either. 333 00:17:15,534 --> 00:17:17,954 I'm not allowed to leave the post 334 00:17:18,037 --> 00:17:20,874 other than for law enforcement. 335 00:17:20,957 --> 00:17:22,625 It's real simple. 336 00:17:22,708 --> 00:17:25,587 [dramatic music] 337 00:17:25,670 --> 00:17:27,881 ♪ ♪ 338 00:17:27,964 --> 00:17:29,757 JOE: In Sam's two interviews with investigators, 339 00:17:29,840 --> 00:17:31,551 he never expressly states that anyone 340 00:17:31,634 --> 00:17:33,553 was with him when he broke in. 341 00:17:33,636 --> 00:17:34,804 However, while the police report 342 00:17:34,887 --> 00:17:37,348 doesn't mention that anyone was with Sam, 343 00:17:37,431 --> 00:17:39,934 the medical examiner's report does. 344 00:17:40,017 --> 00:17:42,604 And that's the report that Dr. Osbourne used to determine 345 00:17:42,687 --> 00:17:44,731 Ellen's manner of death, 346 00:17:44,814 --> 00:17:48,109 a report that included this inaccurate information. 347 00:17:48,192 --> 00:17:51,362 So now one of the critical pieces of evidence 348 00:17:51,445 --> 00:17:55,116 for why this was changed to a suicide from a homicide 349 00:17:55,199 --> 00:17:56,910 is completely false. 350 00:17:56,993 --> 00:18:01,873 And we realize that something is very, very wrong here 351 00:18:01,956 --> 00:18:04,000 because, hey, we weren't the first people 352 00:18:04,083 --> 00:18:06,711 to look at this video. 353 00:18:06,794 --> 00:18:08,713 It was looked at by the police. 354 00:18:10,840 --> 00:18:12,342 How did they miss 355 00:18:12,425 --> 00:18:14,594 the whereabouts of the security officer 356 00:18:14,677 --> 00:18:17,847 that disproves a huge part of the claim 357 00:18:17,930 --> 00:18:20,725 that she committed suicide? 358 00:18:20,808 --> 00:18:24,479 So once we had that videotape, we decided, 359 00:18:24,562 --> 00:18:26,898 it's time to start talking to people under oath. 360 00:18:26,981 --> 00:18:31,110 And we moved to what we call depositions. 361 00:18:31,193 --> 00:18:33,446 ANNIE: The depositions were the first time 362 00:18:33,529 --> 00:18:38,326 that anybody was able to hear what the main players 363 00:18:38,409 --> 00:18:40,870 in the investigation actually thought 364 00:18:40,953 --> 00:18:42,330 and what actually happened. 365 00:18:42,413 --> 00:18:44,749 DEPOSITION OFFICERS: Raise your right hand, please. 366 00:18:44,832 --> 00:18:46,876 Do you solemnly swear or affirm 367 00:18:46,959 --> 00:18:48,670 that the testimony you're about to give today 368 00:18:48,753 --> 00:18:49,879 is the truth, the whole truth, 369 00:18:49,962 --> 00:18:50,922 and nothing but the truth, 370 00:18:51,005 --> 00:18:52,548 so help you God? ALL: I do. 371 00:18:56,677 --> 00:18:57,887 DEPOSITION OFFICER: Doctor, raise your right hand, please. 372 00:18:57,970 --> 00:18:59,430 Do you swear or affirm that the testimony 373 00:18:59,513 --> 00:19:00,557 you're about to give will be the truth, the whole truth, 374 00:19:00,640 --> 00:19:02,100 and nothing but the truth? -I do. 375 00:19:02,183 --> 00:19:03,684 DEPOSITION OFFICER: Thank you. 376 00:19:05,603 --> 00:19:06,980 JOE: Good morning, Dr. Gulino. 377 00:19:07,063 --> 00:19:08,273 Good morning, Mr. Podraza. 378 00:19:08,356 --> 00:19:09,899 JOE: And thank you, sir, for taking the time. 379 00:19:09,982 --> 00:19:11,401 I understand that your office... 380 00:19:11,484 --> 00:19:15,154 When we went into the depositions of the three 381 00:19:15,237 --> 00:19:18,408 members from the medical examiner's office, 382 00:19:18,491 --> 00:19:20,952 we wanted to know, how did this come about, 383 00:19:21,035 --> 00:19:23,288 this determination of suicide? 384 00:19:23,371 --> 00:19:24,330 What transpired? 385 00:19:24,413 --> 00:19:27,375 [tense music] 386 00:19:27,458 --> 00:19:29,335 During the depositions, we had been told 387 00:19:29,418 --> 00:19:30,795 there may have been a meeting. 388 00:19:30,878 --> 00:19:33,089 The first time I was aware of the case 389 00:19:33,172 --> 00:19:37,510 was when I was asked to participate in a meeting 390 00:19:37,593 --> 00:19:40,471 that included the members 391 00:19:40,554 --> 00:19:43,349 of the Philadelphia Police Department, 392 00:19:43,432 --> 00:19:46,561 Ann Ponterio of the district attorney's office, 393 00:19:46,644 --> 00:19:49,272 and Dr. Osbourne, at which the police 394 00:19:49,355 --> 00:19:53,609 wanted to present new investigative information 395 00:19:53,692 --> 00:19:55,028 to Dr. Osbourne. 396 00:19:55,111 --> 00:19:57,739 ♪ ♪ 397 00:19:57,822 --> 00:19:59,949 JOE: Based on the information you had at the time 398 00:20:00,032 --> 00:20:02,201 you were going to that meeting, 399 00:20:02,284 --> 00:20:05,371 had you decided to change the manner of death 400 00:20:05,454 --> 00:20:09,042 from a homicide to suicide? 401 00:20:09,125 --> 00:20:10,460 To the best of my knowledge, 402 00:20:10,543 --> 00:20:12,795 I don't know that I made a definitive decision 403 00:20:12,878 --> 00:20:15,548 prior to that meeting to change it. 404 00:20:15,631 --> 00:20:18,051 JOE: At that meeting, information 405 00:20:18,134 --> 00:20:20,386 was shared that convinced Dr. Osbourne 406 00:20:20,469 --> 00:20:24,891 to change the manner of death from homicide to a suicide. 407 00:20:24,974 --> 00:20:29,020 Dr. Osbourne indicated that at a meeting, 408 00:20:29,103 --> 00:20:33,524 it was shared with him that the fiancé had been 409 00:20:33,607 --> 00:20:36,402 witnessed entering the apartment 410 00:20:36,485 --> 00:20:38,446 when he found Ellen Greenberg. 411 00:20:38,529 --> 00:20:40,281 Do you recall that information being shared 412 00:20:40,364 --> 00:20:42,825 at a meeting you attended? 413 00:20:42,908 --> 00:20:46,454 I can't... I can't say that. 414 00:20:46,537 --> 00:20:48,915 I don't know how Dr. Osbourne... 415 00:20:48,998 --> 00:20:50,166 or if he ever became aware of that 416 00:20:50,249 --> 00:20:52,293 or how he became aware of that. 417 00:20:52,376 --> 00:20:54,295 Unfortunately, there's not much 418 00:20:54,378 --> 00:20:57,548 information or transparency about who was at that meeting 419 00:20:57,631 --> 00:21:00,259 or what they said. 420 00:21:00,342 --> 00:21:01,803 JOE: This was an important meeting. 421 00:21:01,886 --> 00:21:03,304 Correct? MARLON: Yes. 422 00:21:03,387 --> 00:21:06,641 JOE: Did you create a record in writing of the meeting? 423 00:21:06,724 --> 00:21:09,352 They said, we took no notes. 424 00:21:09,435 --> 00:21:10,812 And they couldn't remember who said what 425 00:21:10,895 --> 00:21:15,566 or what was really said that then led to a change. 426 00:21:15,649 --> 00:21:17,652 I don't have... 427 00:21:17,735 --> 00:21:20,613 I don't have notes from that meeting, no. 428 00:21:20,696 --> 00:21:23,241 JOE: Why not? 429 00:21:23,324 --> 00:21:25,743 I do not have meeting... notes from that meeting. 430 00:21:25,826 --> 00:21:27,119 JOE: Why not? 431 00:21:31,373 --> 00:21:33,751 I do not have notes from that meeting. 432 00:21:33,834 --> 00:21:34,877 JOE: And my question to you is, 433 00:21:34,960 --> 00:21:36,462 if it's such an important meeting, 434 00:21:36,545 --> 00:21:39,465 why is there no written record? 435 00:21:40,591 --> 00:21:42,427 MARLON: To answer your question, 436 00:21:42,510 --> 00:21:45,221 I personally did not take notes at that meeting. 437 00:21:45,304 --> 00:21:48,808 However, all the information gathered was documented 438 00:21:48,891 --> 00:21:51,894 in other forms elsewhere. 439 00:21:51,977 --> 00:21:54,355 Well, antennas again go up. 440 00:21:54,438 --> 00:21:58,317 So Dr. Osbourne, we asked him, you know, 441 00:21:58,400 --> 00:22:00,611 why'd you say it was a homicide? 442 00:22:01,987 --> 00:22:04,157 MARLON: At the time of autopsy, 443 00:22:04,240 --> 00:22:06,743 I did believe 444 00:22:06,826 --> 00:22:09,954 that I had enough information to make that determination. 445 00:22:10,037 --> 00:22:11,456 JOE: What we wanted to know is, 446 00:22:11,539 --> 00:22:14,041 what did they learn at that meeting 447 00:22:14,124 --> 00:22:16,002 to change it from homicide to suicide? 448 00:22:16,085 --> 00:22:18,588 What is the best of your recollection of what was said 449 00:22:18,671 --> 00:22:20,840 by each of the participants? 450 00:22:20,923 --> 00:22:23,676 The investigative officers reviewed and answered questions 451 00:22:23,759 --> 00:22:26,888 regarding the scene, with nothing disturbed, 452 00:22:26,971 --> 00:22:28,264 nothing out of place, 453 00:22:28,347 --> 00:22:31,726 about the door locked from the inside 454 00:22:31,809 --> 00:22:35,021 and the boyfriend having the, I believe, 455 00:22:35,104 --> 00:22:38,316 front desk person witness him breaking down the door. 456 00:22:38,399 --> 00:22:39,859 JOE: But you hadn't come to a conclusion 457 00:22:39,942 --> 00:22:40,860 at the meeting. 458 00:22:40,943 --> 00:22:42,153 Is that correct? 459 00:22:42,236 --> 00:22:45,656 No, we were exchanging information thus... 460 00:22:45,739 --> 00:22:51,370 to get to the point where I could basically 461 00:22:51,453 --> 00:22:53,331 collect all the evidence that supports homicide 462 00:22:53,414 --> 00:22:57,877 and weigh it against whatever evidence supports suicide 463 00:22:57,960 --> 00:23:00,755 to see how I would... to see which determination 464 00:23:00,838 --> 00:23:01,923 I would make. 465 00:23:02,006 --> 00:23:04,091 We knew we had one ace card. 466 00:23:04,174 --> 00:23:08,513 And that was that the fiancé was not witnessed 467 00:23:08,596 --> 00:23:11,599 breaking through the door by the security guard. 468 00:23:11,682 --> 00:23:15,228 If you were told there was a question 469 00:23:15,311 --> 00:23:18,397 as to whether the fiancé was accompanied by someone, 470 00:23:18,480 --> 00:23:20,817 whether the fiancé broke through the door, 471 00:23:20,900 --> 00:23:24,111 whether the lock was engaged when the wounds 472 00:23:24,194 --> 00:23:27,281 were administered to Ellen, that those were in question 473 00:23:27,364 --> 00:23:30,284 and not decided, would you have changed 474 00:23:30,367 --> 00:23:32,328 your initial determination of homicide 475 00:23:32,411 --> 00:23:36,666 to suicide while those questions remained open? 476 00:23:36,749 --> 00:23:38,501 No, I would not. 477 00:23:38,584 --> 00:23:40,837 I would end up somewhere closer to undetermined 478 00:23:40,920 --> 00:23:43,589 if those things are still in question. 479 00:23:43,672 --> 00:23:46,926 But that was not the case. 480 00:23:47,009 --> 00:23:50,972 Every medical examiner department has maybe 1% or so 481 00:23:51,055 --> 00:23:52,932 of their cases as undetermined. 482 00:23:53,015 --> 00:23:55,059 It leaves the case open. 483 00:23:55,142 --> 00:23:57,937 And we want that so that when new evidence comes in, 484 00:23:58,020 --> 00:23:59,981 it's still open to investigation. 485 00:24:00,064 --> 00:24:01,940 That was not done in this case. 486 00:24:13,077 --> 00:24:16,372 JOE: The last person who we deposed was Dr. Emery, 487 00:24:16,455 --> 00:24:19,333 who joined the medical examiner's office 488 00:24:19,416 --> 00:24:22,336 after Ellen's autopsy many years later. 489 00:24:22,419 --> 00:24:23,671 Good morning. 490 00:24:23,754 --> 00:24:25,756 This is deposition of Dr. Lyndsey Emery, 491 00:24:25,839 --> 00:24:28,551 taken in 2021... 492 00:24:28,634 --> 00:24:31,387 We did not really become aware of Dr. Emery 493 00:24:31,470 --> 00:24:33,639 until the medical examiner's office said 494 00:24:33,722 --> 00:24:36,767 that they asked this neuropathologist 495 00:24:36,850 --> 00:24:38,978 to do her own examination. 496 00:24:39,061 --> 00:24:42,023 SAM: A primary question was whether there was damage 497 00:24:42,106 --> 00:24:47,069 to the spinal cord and whether it could have 498 00:24:47,152 --> 00:24:49,614 affected Ellen's ability 499 00:24:49,697 --> 00:24:51,657 to then stab herself in the chest. 500 00:24:51,740 --> 00:24:54,869 GUY: Dr. Lyndsey Emery is there to determine, 501 00:24:54,952 --> 00:24:57,997 did the knife pierce her spinal cord 502 00:24:58,080 --> 00:25:00,791 where the knife entered into the back of the neck? 503 00:25:00,874 --> 00:25:03,586 STEPHANIE: The original report says that the spinal cord 504 00:25:03,669 --> 00:25:07,798 sheath was hit, which would have possibly 505 00:25:07,881 --> 00:25:10,551 made Ellen numb but would have still allowed her 506 00:25:10,634 --> 00:25:12,636 to continue to stab herself. 507 00:25:15,681 --> 00:25:17,391 JOE: What were your conclusions? 508 00:25:17,474 --> 00:25:21,729 My conclusions, essentially, there are three possibilities. 509 00:25:21,812 --> 00:25:24,607 One is that the sharp force injury entered 510 00:25:24,690 --> 00:25:27,485 into the vertebral column, the cervical vertebra, 511 00:25:27,568 --> 00:25:29,737 and pierced that dura 512 00:25:29,820 --> 00:25:32,198 and just didn't go any farther. 513 00:25:32,281 --> 00:25:33,949 The second possibility, 514 00:25:34,032 --> 00:25:36,619 of which there are two arms to, 515 00:25:36,702 --> 00:25:39,705 are that those injuries happened point-blank 516 00:25:39,788 --> 00:25:42,249 after she had been deceased 517 00:25:42,332 --> 00:25:44,669 so that there would be no reaction to it 518 00:25:44,752 --> 00:25:47,546 or that that disruption I'm seeing in the spinal cord 519 00:25:47,629 --> 00:25:50,383 was a postmortem artifact 520 00:25:50,466 --> 00:25:53,135 introduced during the autopsy. 521 00:25:53,218 --> 00:25:56,222 She determined that one of the cuts in the spinal cord 522 00:25:56,305 --> 00:25:59,517 could have been the result of three possibilities. 523 00:25:59,600 --> 00:26:02,353 One of those possibilities was that a stab wound 524 00:26:02,436 --> 00:26:05,439 was a postmortem wound and there was no hemorrhaging, 525 00:26:05,522 --> 00:26:08,025 which essentially means that Ellen would have had 526 00:26:08,108 --> 00:26:10,402 to stab herself after she was dead. 527 00:26:12,446 --> 00:26:14,198 JOE: OK. Now... 528 00:26:14,281 --> 00:26:17,368 Right then and there, you hear Joe Podraza 529 00:26:17,451 --> 00:26:20,246 in the deposition, shocked. 530 00:26:20,329 --> 00:26:22,581 JOE:... I want you to pretend you're a layperson. 531 00:26:22,664 --> 00:26:24,709 Do I just understand what you just said there, 532 00:26:24,792 --> 00:26:28,671 is that Ellen suffered wounds after she died? 533 00:26:28,754 --> 00:26:31,256 I'm saying either the wounds didn't... 534 00:26:35,552 --> 00:26:37,679 That's one possibility, yes. 535 00:26:39,890 --> 00:26:42,810 STEPHANIE: I know Podraza says that she says that they're 536 00:26:42,893 --> 00:26:44,019 definitely postmortem. 537 00:26:44,102 --> 00:26:46,147 She doesn't definitely say that. 538 00:26:46,230 --> 00:26:48,774 She says they could be, and she gives multiple explanations. 539 00:26:48,857 --> 00:26:51,027 One, there wasn't enough time between 540 00:26:51,110 --> 00:26:53,029 when the wound was inflicted and when Ellen 541 00:26:53,112 --> 00:26:55,906 died to cause a response. 542 00:26:55,989 --> 00:26:58,868 Two, the wound didn't disrupt the tissue enough. 543 00:26:58,951 --> 00:27:01,037 Or three, Ellen was already dead 544 00:27:01,120 --> 00:27:04,081 when the wound was inflicted. 545 00:27:04,164 --> 00:27:06,041 ANNIE: That part of the deposition 546 00:27:06,124 --> 00:27:08,461 is what really grabbed people's attention. 547 00:27:08,544 --> 00:27:12,423 And the media and the public started asking more questions. 548 00:27:12,506 --> 00:27:16,427 JOE: It was at that point that we began to say, 549 00:27:16,510 --> 00:27:20,347 this was not just a mistake or a difference of opinion. 550 00:27:20,430 --> 00:27:24,769 Look, we want a transparent investigation. 551 00:27:24,852 --> 00:27:28,730 Let's finally know what happened to Ellen. 552 00:27:35,654 --> 00:27:38,199 [dramatic music] 553 00:27:38,282 --> 00:27:40,868 JOSH: I'm speaking to the world. 554 00:27:40,951 --> 00:27:42,036 I'm speaking to the world. 555 00:27:42,119 --> 00:27:43,788 Ellen did not commit suicide. 556 00:27:43,871 --> 00:27:46,791 Anybody who wants to read that medical examiner's report 557 00:27:46,874 --> 00:27:48,334 or anything, go ahead. 558 00:27:48,417 --> 00:27:49,627 She didn't commit suicide. 559 00:27:49,710 --> 00:27:51,378 Read the verification. 560 00:27:53,171 --> 00:27:57,468 JOE: A conspiracy is when one or more individuals 561 00:27:57,551 --> 00:28:00,805 come together and participate 562 00:28:00,888 --> 00:28:03,265 in doing something unlawful. 563 00:28:03,348 --> 00:28:07,311 As far as we were concerned, the city of Philadelphia 564 00:28:07,394 --> 00:28:10,064 was hiding a homicide. 565 00:28:10,147 --> 00:28:13,150 Now, you have to understand, these are serious allegations 566 00:28:13,233 --> 00:28:15,486 against public officials. 567 00:28:15,569 --> 00:28:19,156 And that made headlines. 568 00:28:19,239 --> 00:28:21,784 Look, we didn't take this lightly. 569 00:28:21,867 --> 00:28:24,620 And in fact, that's what led to our second lawsuit, 570 00:28:24,703 --> 00:28:26,497 which was a conspiracy lawsuit. 571 00:28:26,580 --> 00:28:29,792 And the media kept it front and center. 572 00:28:29,875 --> 00:28:31,710 It kept it fresh. 573 00:28:31,793 --> 00:28:33,003 Well, some serious accusations made 574 00:28:33,086 --> 00:28:34,505 inside a Philadelphia courtroom 575 00:28:34,588 --> 00:28:37,675 about the alleged mishandling of the death investigation 576 00:28:37,758 --> 00:28:39,969 of a woman who died in 2011. 577 00:28:40,052 --> 00:28:42,471 REPORTER: Nearly 14 years after Ellen Greenberg 578 00:28:42,554 --> 00:28:45,975 was found dead by her fiancé in their Manayunk apartment, 579 00:28:46,058 --> 00:28:49,603 her parents appeared in a Philadelphia courtroom. 580 00:28:49,686 --> 00:28:53,107 In December, a city judge hears arguments 581 00:28:53,190 --> 00:28:56,068 in the second lawsuit about whether it should proceed 582 00:28:56,151 --> 00:28:59,822 against defendants and tells the Greenbergs 583 00:28:59,905 --> 00:29:01,574 they have a fighting chance. 584 00:29:01,657 --> 00:29:04,159 Today a judge in a civil suit 585 00:29:04,242 --> 00:29:07,121 ruled that there is enough evidence to go to trial. 586 00:29:07,204 --> 00:29:09,415 Jury selection begins Monday at 9:00 AM. 587 00:29:09,498 --> 00:29:11,876 We also reached out to the city and the police department. 588 00:29:11,959 --> 00:29:14,211 They said they could not comment on pending litigation. 589 00:29:14,294 --> 00:29:18,215 The conspiracy case was scheduled for trial 590 00:29:18,298 --> 00:29:21,510 to begin on February 3rd. 591 00:29:21,593 --> 00:29:26,223 And at that time, Dr. Osbourne had his own counsel. 592 00:29:26,306 --> 00:29:28,809 So we reached out to that lawyer and said, 593 00:29:28,892 --> 00:29:31,979 listen, we would be willing to settle with Dr. Osbourne 594 00:29:32,062 --> 00:29:36,233 if he comes clean, which is to say that this 595 00:29:36,316 --> 00:29:37,735 should not be a suicide. 596 00:29:37,818 --> 00:29:40,988 And the Saturday before the jury selection, 597 00:29:41,071 --> 00:29:43,324 counsel for Dr. Osbourne calls and says, 598 00:29:43,407 --> 00:29:45,159 we have a deal. 599 00:29:45,242 --> 00:29:47,953 And that set off a firestorm of media. 600 00:29:48,036 --> 00:29:50,497 REPORTER 1: The medical examiner who performed 601 00:29:50,580 --> 00:29:53,876 Ellen Greenberg's autopsy says he no longer thinks her death 602 00:29:53,959 --> 00:29:56,045 should be listed as a suicide. 603 00:29:56,128 --> 00:29:58,547 REPORTER 2: In a verification statement filed in the courts 604 00:29:58,630 --> 00:30:01,091 this weekend, Dr. Osbourne stated, 605 00:30:01,174 --> 00:30:03,886 "Since issuing the amended death certificate, 606 00:30:03,969 --> 00:30:07,014 I have become aware of additional information." 607 00:30:07,097 --> 00:30:09,725 And, "It is my professional opinion" 608 00:30:09,808 --> 00:30:12,478 "Ellen's manner of death should be designated 609 00:30:12,561 --> 00:30:15,648 as something other than suicide." 610 00:30:15,731 --> 00:30:17,232 This is significant because, once again, 611 00:30:17,315 --> 00:30:21,028 the medical examiner who conducted Ellen's autopsy 612 00:30:21,111 --> 00:30:23,238 is changing his determination. 613 00:30:23,321 --> 00:30:27,368 JOE: With Dr. Osbourne's sworn statement saying this 614 00:30:27,451 --> 00:30:30,412 shouldn't be a suicide in our back pocket, 615 00:30:30,495 --> 00:30:33,791 we proceeded then to go to court on that Monday the 3rd. 616 00:30:33,874 --> 00:30:36,752 [solemn music] 617 00:30:36,835 --> 00:30:41,632 ♪ ♪ 618 00:30:41,715 --> 00:30:45,594 SANDEE: Today is very, very important. 619 00:30:45,677 --> 00:30:49,974 We've waited 14 years for this day to come, 620 00:30:50,057 --> 00:30:51,976 to walk into a courthouse 621 00:30:52,059 --> 00:30:55,270 in the Commonwealth of Pennsylvania. 622 00:30:55,353 --> 00:30:58,440 The story will speak for itself, 623 00:30:58,523 --> 00:31:04,613 and it'll play out in the public eye. 624 00:31:04,696 --> 00:31:06,281 JOSH: I'm grateful. 625 00:31:06,364 --> 00:31:08,701 I'm grateful I'm still here to do this. 626 00:31:08,784 --> 00:31:12,121 I was concerned about it as we matured. 627 00:31:12,204 --> 00:31:14,206 But I'm grateful this... I'm gonna see 628 00:31:14,289 --> 00:31:16,875 at least the start of it and probably the finish of it. 629 00:31:16,958 --> 00:31:20,212 And that's really important. 630 00:31:20,295 --> 00:31:23,132 SANDEE: My goal is to stay healthy 631 00:31:23,215 --> 00:31:29,930 and stay focused and pave the way for justice for Ellen. 632 00:31:30,013 --> 00:31:32,307 [suspenseful music] 633 00:31:32,390 --> 00:31:34,727 ANNIE: February 3rd changed everything. 634 00:31:34,810 --> 00:31:37,104 Even before jury selection gets going, 635 00:31:37,187 --> 00:31:39,523 suddenly, there was a bombshell in court, 636 00:31:39,606 --> 00:31:42,276 and you got widespread media attention. 637 00:31:42,359 --> 00:31:44,445 Jury selection was set to begin this morning 638 00:31:44,528 --> 00:31:47,114 in her parents' civil lawsuit against the city. 639 00:31:47,197 --> 00:31:48,866 Before jury selection could get underway, 640 00:31:48,949 --> 00:31:51,326 though, the family and Philadelphia officials 641 00:31:51,409 --> 00:31:53,996 reached an agreement to reopen the investigation. 642 00:31:54,079 --> 00:31:56,248 BRIAN: This is huge for the Greenbergs, 643 00:31:56,331 --> 00:31:58,584 who have been fighting to clear their daughter's name 644 00:31:58,667 --> 00:32:00,044 for more than a decade. 645 00:32:00,127 --> 00:32:03,881 Suddenly, you had the city now settling both cases 646 00:32:03,964 --> 00:32:06,675 and agreeing to reopen the investigation. 647 00:32:06,758 --> 00:32:08,552 In a statement released by the city today, 648 00:32:08,635 --> 00:32:11,472 they said that the settlement includes an independent review 649 00:32:11,555 --> 00:32:13,849 of the autopsy file. 650 00:32:13,932 --> 00:32:15,267 REPORTER: What tipped the scales this morning, Joe? 651 00:32:15,350 --> 00:32:17,394 What happened behind closed doors? 652 00:32:17,477 --> 00:32:20,189 Really, Dr. Osbourne's verification. 653 00:32:20,272 --> 00:32:22,691 That was the thing we've been waiting for now 654 00:32:22,774 --> 00:32:24,735 for over five years. 655 00:32:24,818 --> 00:32:28,072 So the litigation as to the Greenbergs and the city 656 00:32:28,155 --> 00:32:30,741 has been resolved, and we proceed forward 657 00:32:30,824 --> 00:32:33,243 in getting justice for Ellen. 658 00:32:40,959 --> 00:32:42,795 [solemn music] 659 00:32:42,878 --> 00:32:44,421 SANDEE: I'm all out of tears. 660 00:32:44,504 --> 00:32:46,048 I wish I could cry. 661 00:32:46,131 --> 00:32:49,343 I used to cry about, you know, everything. 662 00:32:49,426 --> 00:32:51,386 That's true. But we won. 663 00:32:51,469 --> 00:32:53,055 We did it. 664 00:32:53,138 --> 00:32:56,391 I don't think it's set in completely. 665 00:32:56,474 --> 00:32:59,394 JOE: At the time that we were discussing settlement, 666 00:32:59,477 --> 00:33:02,606 I felt that what was being offered 667 00:33:02,689 --> 00:33:07,319 was more than fair, 668 00:33:07,402 --> 00:33:10,239 that there'll be a reconsideration 669 00:33:10,322 --> 00:33:12,074 by the medical examiner's office 670 00:33:12,157 --> 00:33:14,618 on an expeditious basis. 671 00:33:14,701 --> 00:33:17,955 But when you don't have the actual verdict, 672 00:33:18,038 --> 00:33:20,541 that adrenaline that comes from having 673 00:33:20,624 --> 00:33:24,002 12 or more people say, you're right, 674 00:33:24,085 --> 00:33:28,006 you then tend to reflect. 675 00:33:28,089 --> 00:33:29,716 And it's just natural. 676 00:33:29,799 --> 00:33:34,012 ♪ ♪ 677 00:33:34,095 --> 00:33:38,892 JOSH: As we sit here now, the city has done nothing. 678 00:33:38,975 --> 00:33:40,269 They didn't review the case. 679 00:33:40,352 --> 00:33:41,770 They didn't do anything. 680 00:33:44,481 --> 00:33:46,567 SANDEE: Nothing has really changed. 681 00:33:46,650 --> 00:33:50,988 And if they don't take a look at the autopsy file, 682 00:33:51,071 --> 00:33:54,616 then we will have to probably take them to court 683 00:33:54,699 --> 00:33:56,326 to enforce it. 684 00:33:58,912 --> 00:34:01,999 JOE: Like everything else in the legal process, 685 00:34:02,082 --> 00:34:03,876 it takes time. 686 00:34:03,959 --> 00:34:07,462 My view is, once the papers are signed and exchanged, 687 00:34:07,545 --> 00:34:09,464 no more than 30 days. 688 00:34:09,547 --> 00:34:11,633 If we don't get a determination from the medical examiner's 689 00:34:11,716 --> 00:34:14,845 office in 30 days, one way or the other, 690 00:34:14,928 --> 00:34:17,764 then we'll go back to court so that Sandee and Josh 691 00:34:17,847 --> 00:34:20,892 know it's gonna get done and be done by a certain date. 692 00:34:23,395 --> 00:34:25,856 SANDEE: I can't believe that we've 693 00:34:25,939 --> 00:34:29,735 tried to go conventionally through the system 694 00:34:29,818 --> 00:34:32,571 and it's like we're pedaling backwards. 695 00:34:32,654 --> 00:34:36,325 They've tried every tool in the book to get rid of us. 696 00:34:36,408 --> 00:34:41,496 And we're here to stay. 697 00:34:41,579 --> 00:34:44,291 ♪ ♪ 698 00:34:44,374 --> 00:34:47,586 STEPHANIE: When every door is shut before you 699 00:34:47,669 --> 00:34:52,132 and every quest for answers is stymied, 700 00:34:52,215 --> 00:34:55,177 sometimes telling your story 701 00:34:55,260 --> 00:34:58,764 is the only way to get to the truth. 702 00:34:58,847 --> 00:35:01,767 ♪ ♪ 703 00:35:01,850 --> 00:35:04,394 In this case in particular, the Greenbergs 704 00:35:04,477 --> 00:35:06,480 told me they had so many government agencies 705 00:35:06,563 --> 00:35:08,273 let them down and make them feel like they 706 00:35:08,356 --> 00:35:11,568 were imagining things... 707 00:35:11,651 --> 00:35:15,113 the medical examiner's office, the police department, 708 00:35:15,196 --> 00:35:17,324 the district attorney's office, 709 00:35:17,407 --> 00:35:21,411 and the attorney general's office, 710 00:35:21,494 --> 00:35:22,913 all the way to Governor Josh Shapiro 711 00:35:22,996 --> 00:35:26,041 back when he was attorney general. 712 00:35:26,124 --> 00:35:28,001 These agencies consistently maintain 713 00:35:28,084 --> 00:35:31,505 their findings of suicide. 714 00:35:31,588 --> 00:35:33,632 Governor Shapiro was asked during a press conference 715 00:35:33,715 --> 00:35:36,593 to comment on the state of Ellen's case. 716 00:35:36,676 --> 00:35:41,682 We received more evidence, more information 717 00:35:41,765 --> 00:35:44,893 during the course of our investigation 718 00:35:44,976 --> 00:35:48,230 that, sadly, didn't show what they wanted it to show 719 00:35:48,313 --> 00:35:52,359 but actually, rather, pointed to more data, more information 720 00:35:52,442 --> 00:35:55,153 that pointed toward a suicide. 721 00:35:55,236 --> 00:35:57,447 A lot of what we do as journalists 722 00:35:57,530 --> 00:36:00,284 is to validate people, 723 00:36:00,367 --> 00:36:04,621 to validate their concerns, 724 00:36:04,704 --> 00:36:07,791 their hopes. 725 00:36:07,874 --> 00:36:11,336 And even as those around them try to close this down, 726 00:36:11,419 --> 00:36:13,297 there are still many unanswered questions 727 00:36:13,380 --> 00:36:15,549 in this case about the cause and circumstances 728 00:36:15,632 --> 00:36:19,427 of Ellen's death, which is still considered a suicide. 729 00:36:21,930 --> 00:36:24,099 SANDEE: Sam's moved on in his life. 730 00:36:24,182 --> 00:36:25,350 He's married. 731 00:36:25,433 --> 00:36:26,768 He has children. 732 00:36:26,851 --> 00:36:29,646 But there is absolutely no contact 733 00:36:29,729 --> 00:36:32,232 or connection with them. 734 00:36:32,315 --> 00:36:35,444 I don't think about him. 735 00:36:35,527 --> 00:36:40,782 And I feel that we have a God that I believe in. 736 00:36:40,865 --> 00:36:46,663 And we have a justice system that isn't exactly perfect, 737 00:36:46,746 --> 00:36:51,835 but that's not for me to reckon with. 738 00:36:51,918 --> 00:36:57,007 THOMAS: The Greenbergs have been through so much. 739 00:36:57,090 --> 00:36:59,635 This roller coaster that they've been on 740 00:36:59,718 --> 00:37:04,473 and the manner in which they've been treated and ignored... 741 00:37:04,556 --> 00:37:06,558 They did everything they possibly could 742 00:37:06,641 --> 00:37:08,143 to stand in our way. 743 00:37:08,226 --> 00:37:10,520 ...what do they do? 744 00:37:10,603 --> 00:37:15,233 ♪ ♪ 745 00:37:18,486 --> 00:37:22,324 SANDEE: Here she is, the star of our show, Ellen. 746 00:37:22,407 --> 00:37:24,868 Who's that guy? Who's that guy? 747 00:37:24,951 --> 00:37:26,536 Da. JOSH: Very good. 748 00:37:26,619 --> 00:37:29,414 SANDEE: Very good. That's Dada. 749 00:37:29,497 --> 00:37:32,667 [gentle music] 750 00:37:32,750 --> 00:37:34,002 JOSH: How can you resist that child? 751 00:37:34,085 --> 00:37:36,254 How can you resist that child, huh? 752 00:37:36,337 --> 00:37:39,299 Look at her. PERSON: She's a little ham. 753 00:37:39,382 --> 00:37:42,177 SANDEE: There's cousin Ellie. 754 00:37:43,303 --> 00:37:44,846 Ellie! 755 00:37:44,929 --> 00:37:47,265 He was talking to Ellen. It was so cute. 756 00:37:47,348 --> 00:37:51,061 For WITF TV, I'm Ellen Greenberg. 757 00:37:51,144 --> 00:37:53,730 ♪ ♪ 758 00:37:53,813 --> 00:37:56,358 DEBBIE: All these years after Ellen's passing, 759 00:37:56,441 --> 00:37:59,027 when I think about all that Ellen has missed 760 00:37:59,110 --> 00:38:01,405 or just, like, watching everyone grow up 761 00:38:01,488 --> 00:38:04,199 or growing up with them or having a family, 762 00:38:04,282 --> 00:38:06,493 it's just so sad that she hasn't been part of our life 763 00:38:06,576 --> 00:38:08,828 for this long. 764 00:38:10,830 --> 00:38:13,500 ALYSON: Ellen set me and my husband up. 765 00:38:13,583 --> 00:38:16,461 And yeah, she was one of my bridesmaids. 766 00:38:16,544 --> 00:38:20,841 Obviously, she wasn't there for my wedding. 767 00:38:20,924 --> 00:38:23,593 But yeah, my daughter is essentially 768 00:38:23,676 --> 00:38:26,263 here because of Ellen. 769 00:38:26,346 --> 00:38:28,849 ♪ ♪ 770 00:38:28,932 --> 00:38:32,310 CAITLIN: I think when it hit me most was, 771 00:38:32,393 --> 00:38:34,354 I was going for a walk with my parents 772 00:38:34,437 --> 00:38:37,441 and my husband and my young son at the time, 773 00:38:37,524 --> 00:38:41,361 and I saw Ellen's mom 774 00:38:41,444 --> 00:38:44,156 sitting on a picnic table 775 00:38:44,239 --> 00:38:46,867 with her friends on Ellen's birthday. 776 00:38:46,950 --> 00:38:52,164 And I was with my family that I got to have. 777 00:38:52,247 --> 00:38:57,669 Those are the things that you get sad thinking about, 778 00:38:57,752 --> 00:38:59,212 that loss. 779 00:38:59,295 --> 00:39:02,424 ♪ ♪ 780 00:39:02,507 --> 00:39:04,759 PHIL: The thing that I understand now 781 00:39:04,842 --> 00:39:07,596 that makes me even sadder, 782 00:39:07,679 --> 00:39:10,682 to know that your daughter died in that manner 783 00:39:10,765 --> 00:39:13,769 and you ain't got no answers, 784 00:39:13,852 --> 00:39:18,482 it is unspeakable. 785 00:39:18,565 --> 00:39:21,318 Sometimes I just understand that justice 786 00:39:21,401 --> 00:39:24,196 still won't be enough. 787 00:39:24,279 --> 00:39:26,907 SANDEE: This is four generations... my mom, 788 00:39:26,990 --> 00:39:30,535 my grandmother, myself, and Ellen. 789 00:39:32,203 --> 00:39:34,706 For the amount of time Ellen was alive 790 00:39:34,789 --> 00:39:36,458 and part of this Earth, 791 00:39:36,541 --> 00:39:39,252 she left a lot of lasting impressions 792 00:39:39,335 --> 00:39:42,631 on so many of us in so many ways. 793 00:39:42,714 --> 00:39:47,886 And your memories can never be taken from you. 794 00:39:47,969 --> 00:39:49,304 What a good girl. 795 00:39:49,387 --> 00:39:53,141 Get ready. Get set. Go. Whee! 796 00:39:53,224 --> 00:39:54,684 JOSH: Ellen. 797 00:39:54,767 --> 00:39:56,061 SANDEE: She's enjoying it. 798 00:39:56,144 --> 00:39:57,437 JOSH: Hello. 799 00:39:57,520 --> 00:40:02,359 ♪ ♪ 800 00:40:02,442 --> 00:40:05,612 I have excellent memories of Ellen. 801 00:40:05,695 --> 00:40:07,614 But there should be no other parents in this situation 802 00:40:07,697 --> 00:40:10,450 that I'm in or my wife's in. 803 00:40:10,533 --> 00:40:14,120 ♪ ♪ 804 00:40:14,203 --> 00:40:17,290 SANDEE: Whenever I find coins on the ground, 805 00:40:17,373 --> 00:40:20,210 they're pennies from heaven or coins from heaven. 806 00:40:20,293 --> 00:40:23,964 I have a big bowl with all the coins that I've found, 807 00:40:24,047 --> 00:40:26,633 and it's 90% full. 808 00:40:26,716 --> 00:40:30,303 So I feel like we're getting really close, 809 00:40:30,386 --> 00:40:32,805 and I'm very optimistic. 810 00:40:34,766 --> 00:40:36,685 If I could call Ellen right now 811 00:40:36,768 --> 00:40:39,396 and just have her for a flash, 812 00:40:39,479 --> 00:40:44,067 I would say, Mommy and Daddy love you, 813 00:40:44,150 --> 00:40:46,278 and we're proud of you. 814 00:40:46,361 --> 00:40:53,368 ♪ ♪ 815 00:40:55,119 --> 00:40:58,039 [somber music] 816 00:40:58,122 --> 00:41:05,088 ♪ ♪ 62243

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