Daily News | ‘It was very, very weird’: A civil suit reveals new details in the case of Ellen Greenberg, whose death by 20 stab wounds was ruled suicide
in October 2019, seeking to have the manner of Ellen’s death changed back to homicide or undetermined, a move that would allow for an investigation to be reopened and pave the way for a possible wrongful-death or misconduct lawsuit against the city.
But will the civil suit, which is headed to Commonwealth Court, be enough to get the manner of death changed? And will that provide any more information about how Ellen Greenberg died — or provide closure to her family? There were eight wounds to her chest, ranging from .2 centimeters to the final 4-inch wound of the knife still embedded in her chest; a 2-inch wound to her stomach; a 2.5-inch-long gash across her scalp; and 10 wounds — from nicks to two about 3 inches deep — to the back of her neck. There were also 11 bruises in various stages of healing on Ellen’s arm, abdomen, and leg.
“I was flabbergasted by the absence of professionalism surrounding that review Dr. Osbourne testified he had Dr. Rorke-Adams do,” Podraza, the family’s lawyer, said. “Essentially, he’s taking a pickle jar with Ellen’s spine and brain stem through the piled-up snow, walking with that across the street or a couple of streets …thrusting it into her hands, and saying give me a looksies.”
During the meeting, Osbourne said police confirmed a doorman was with Goldberg when the door was broken down, which played a role in his thinking about the case, he testified. “No, I would not,” Osbourne testified, saying he would have been closer to ruling the death “undetermined.”“Dr. Osbourne said that if there was any doubt that the fiancé was escorted by the security guard or if it was untrue what he was being told then this cannot be a suicide,” Podraza said.
Emery, who left the ME’s Office last year and declined to comment, said that while she made no opinion as to the manner of Ellen’s death, she found nothing that would have incapacitated her.However, there was something unusual Emery discovered during the course of her exam. She observed three injuries of note to Ellen’s spinal column. One, to the spinal cord tissue itself, was done during the course of Ellen’s autopsy, she said.
If the cut was administered while Ellen was still alive, Emery said she’d have expected to see hemorrhaging. The city argues that under the law, a medical examiner’s “inherently discretionary professional opinion” cannot be challenged and if the case were to move forward, it “will potentially open the door to any party unhappy with the determination of the medical examiner or coroner” and open the “floodgates to litigation.”
Levy said Podraza and the Greenbergs likely face an uphill battle given significant, binding case law.
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