Ellen Greenberg prosecutors say they can't prove crime in 'suicide' by 20 stab wounds
The Chester County District Attorney's Office announced Friday morning that it has conducted its investigation, and prosecutors are "currently unable to move forward with criminal charges." They are moving Greenberg's case to an "inactive" status in Chester County but are leaving it open to re-examine if they get new information.
After re-interviewing key people in the original Philadelphia investigation, consulting an independent forensic expert and taking other investigatory steps, "Chester County's investigative team determined that, based on the current state of the evidence, we cannot prove beyond a reasonable doubt that a crime was committed," the office said.
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The DA's office noted that there is no statute of limitations for criminal homicide, said that the case would remain open, and therefore investigators would "not be answering any questions about this matter."
The District Attorney's office met with Greenberg's parents and their attorney on Thursday to share the news before announcing it to the public.
"They didn't go very deeply into the case...they really didn't come up with anything new," Dr. Josh Greenberg told Fox News Digital.
"Our conviction about Ellen having been murdered does not change due to the announcement by the Chester County District Attorney's Office," Greenberg family attorney Joseph Podraza said in a press release he provided to Fox News Digital.
"Admittedly, the investigation conducted by the Chester County District Attorney's Office was extremely limited and constrained. The Office told us that they did not investigate the core issues which we have raised which establish Ellen was murdered, and that evidence remains unchallenged," Podraza continued.
"The independent forensic expert who they said they consulted during the course of the investigation was similarly bounded by his own limited background, an undergraduate degree in entomology (the study of insects) and a masters in criminal justice, but no medical school training, nor any training in the specialty of forensic pathology, both of which are necessary in order to competently assess the evidence uncovered in this case to date."
The Chester County District Attorney's Office initiated an independent investigation roughly two years ago, after both Philadelphia District Attorney Larry Krasner and former Pennsylvania Attorney General Josh Shapiro, now the governor, both recused themselves from the case.
Krasner had previously worked with Greenberg's parents as part of his private practice, and Shapiro previously denied having "an actual conflict" but acknowledged the "appearance" of one.
When Shapiro was the attorney general, a spokesperson told Fox News Digital that his office undertook "an exhaustive review and conducted new forensic analysis" – but also that new expert testimony and information had been withheld from investigators.
"These unfortunate limitations and constraints notwithstanding, we do appreciate the District Attorney's professional courtesy of speaking with the family and candidly acknowledging all these limitations and constraints," Podraza added. "We also point out that another highly experienced homicide prosecutor while employed at the Philadelphia DA's Office conducted his own independent review of this case, thoroughly investigated all the issues surrounding Ellen's death, and reached the opposite conclusion, that Ellen was murdered.
"We now look forward to an upcoming trial where a full and forthright examination of the core issues surrounding Ellen's murder may be publicly conducted before an independent judge and jury of our peers."
In September, Pennsylvania's Supreme Court agreed to hear arguments from the Greenbergs and their attorney.
"The Supreme Court is going to be deciding whether or not Sandee and I have standing. And that's a real big thing ... I mean, no one has ever gotten this far. ... I know it's taken almost 14 years, but it's still a very important case," Dr. Greenberg previously told Fox News Digital.
Greenberg was found on Jan. 6, 2011, with 20 stab wounds, including 10 from behind, at least one of which could have been inflicted after she was already dead, according to court documents. Her body was also covered in bruises in different stages of healing, which her parents say are consistent with abuse.
At the time of her death, Greenberg and her fiancé Sam Goldberg had recently sent out "save-the-dates" for their upcoming wedding. Her body was found in the kitchen near a half-made fruit salad on the countertop.
After her death, a forensic pathologist with the city medical examiner's office named Dr. Marlon Osbourne ruled it a homicide, according to court documents. Then he reversed course after meeting with police behind closed doors and deemed it officially a suicide.
Greenberg's parents and experienced outside investigators have raised concerns that police botched their response to her death and released the scene too early. They've also questioned why Goldberg's uncle, James Schwartzman, was allowed to remove a number of items from the scene.
"Things were removed from the crime scene without our permission. The chain of custody was broken from the very beginning when Jim Schwartzman removed computers, electronics, my daughter's handbag," Dr. Josh Greenberg previously told Fox News Digital.
A representative for Schwartzman, a distinguished judge in Pennsylvania, responded to these claims on his behalf, saying police gave him permission to go in and take Greenberg's belongings. He denied removing her handbag, but he admitted to removing her computers and cellphones.
"The door was damaged and unsecure, and he took out items that he thought might be stolen," the representative for Schwartzman previously explained to Fox News Digital on his behalf. He added that Schwartzman didn't need the permission of Greenberg's parents to take anything from the apartment once police released the scene.
'SUICIDE'
Neither Goldberg nor Schwartzman have been charged with any wrongdoing in relation to Greenberg's death.
Philadelphia police did not immediately respond to Fox News Digital's request for comment. They have previously declined to discuss the case, citing the open investigation in Chester County and the ongoing civil litigation.
Goldberg and the Chester County District Attorney's Office did not immediately respond for comment.
"I very much look forward to being able to have our voices heard," Sandee Greenberg said. "Not only are we fighting now for justice for Ellen, but because there's so much attention on these different lawsuits, it will set some precedent, hopefully, for other victims of heinous crimes."
