Wow... so self serving and disingenuous!
How many times have we experienced this
wash, rinse, repeat, presentation of new evidence of a homicide-- not only in PA but across the country, where the AG or another entity uses the same, well-worn rubber stamp to claim that the submittal does not represent 'new evidence,' and therefore the death investigation case will remain closed!
Tired of both the AG's office and then the Chester County DA taking this tactic, the Greenberg's circled back and re-focused their efforts on the pathology and autopsy findings of EG, and hired independent experts to test and retest the science, and asked the Supreme Court to consider their findings, praying that the factual disputes settled in favor of the family, could possibly require the death certificate to be changed from suicide to something else.
Similar to this longtime, tired, tactic used by the AG's office and the District Attorney-- claiming the Greenberg's failed to provide 'new evidence' to reopen EG's death investigation, the Greenberg's simply asked the Court for whatever the City defined as the test and/or standard they used to allow Dr. Osbourne, then Medical Examiner, to amend EG's initial death certificate from homicide to suicide.
Again, the family only asked the Supreme Court to measure their request by the same standard used once before by the City's Medical Examiner, and the high Court agreed to hear the case.
So no, Mr. Shapiro, this was not at all as you pontificated before the media. Shame on you!
In reality, no interested party in the state of PA (including the former Medical Examiner-- now practicing in Florida) wanted to ever see a published Opinion by the PA Supreme Court confirming what the former prosecutor opined, supported by independent expert witnesses. The City settling with the Greenberg's, and dismissing the Supreme Court case, insures there will never be a public Court record. MOO
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 Greenberg's 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.
Former Prosecutor Guy D'Andrea Expresses Doubt
