Okay, here's the transcription from
Episode 3 of the Hulu documentary,
Death in Apartment 603: What Happened to Ellen Greenberg? IRT the information about the homicide/suicide change. This information begins at the 15:00 minute mark.
Death in Apartment 603: What Happened to Ellen Greenberg?
JOE PODRAZA
The Greenberg's Attorney
The lawsuit allowed us to finally get access to the surveillance tape of the complex where Sam and Ellen resided. This facility had between 12 to 20 cameras. So we had asked for that, and the first response was it doesn’t exist. Well, it’s hard to believe something as fundamental as surveillance tape was missed by the police. We therefore said, please go back and check. We get a response back from the solicitor’s office. No, the police have confirmed there is not surveillance footage at all that they have in their possession.
So, we said we’re gonna ask a court to get involved in this or you’re going to give us an affidavit from somebody in the police department going on record saying that there was no seizure of the surveillance tape and it doesn’t exist. We didn’t get an affidavit because nobody was going on record saying that. But we did get the solicitor’s office to come back and say… oh, THAT surveillance tape.
Now,
that videotape is critical because the medical examiner’s investigation report indicated that Sam Goldberg, the fiancé, had been escorted and was witnessed breaking into the apartment, where it was claimed that he then found Ellen, and that witness was a security guard. And I will not forget this. We watched and we realized that
the footage discredited that claim. Because Mr. Hanton did not go up with the fiancé.
PHIL HANTON - security guard (interview for the documentary)
There was a report that said I escorted Sam to the unit. When I learned that, I was
REALLY upset. I want to be clear that I’m not accusing anybody. But then again, you’re not gonna lie on me either. I’m not allowed to leave the post other than for law enforcement. It’s real simple.
JOE PODRAZA
In Sam’s two interviews with investigators, he never expressly states that anyone was with him when he broke in. However, while the police report doesn’t mention that anyone was with Sam, the medical examiner’s report does. And that’s the report that Dr. Osbourne used to determine Ellen’s manner of death. A report that included this inaccurate information. So now, one of the critical pieces of evidence for why this was changed to a suicide from a homicide is completely false. And we realized that something is very, very wrong here. Because, hey, we weren’t the first people to look at this video. It was looked at by the police. How did they miss the whereabouts of the security officer that disproves a huge part of the claim that she committed suicide? So, once we had that videotape, we decided it’s time to start talking to people under oath. And we moved to what we call depositions.
DR. SAM GULINO - Philadelphia Chief Medical Examiner (deposition)
A: The first time I was made aware of the case was when I was asked to participate in a meeting that included the members of the Philadelphia Police Department, Ann Ponterio of the district attorney’s office, and Dr. Osbourne, at which the police wanted to present new investigative information to Dr. Osbourne.
JOE PODRAZA
When we went into the depositions of the three members from the medical examiner’s office, we wanted to know how did this come about? This determination of suicide? What transpired?
DR. MARLON OSBOURNE - Philadelphia Medical Examiner (deposition)
Q: Based on the information that you had going into that meeting, had you decided to change the manner of death from a homicide to a suicide?
A: To the best of my knowledge, I don’t know that I made a definitive decision prior to that meeting to change it.
Q: This was an important meeting, correct?
A: Yes
Q: Did you create a record in writing of the meeting?
A: I don’t have notes from that meeting, no.
Q: Why not?
A: I do not have notes from that meeting.
Q: Why not?
A: I do not have notes from that meeting.
Q: And my question to you is if it’s such an important meeting, why is there no written record?
A: To answer your question, I personally did not take notes at that meeting. However, all the information gathered was documented in other forms elsewhere.
Q: Why did you say it was a homicide?
A: At the time of autopsy, I did believe that I had enough information to make that determination.
Q: What is the best of your recollection of what was said by each of the participants?
A: The investigative officers reviewed and answered questions regarding the scene, with nothing disturbed, nothing out of place, about the door locked from the inside and the boyfriend having the, I believe, front desk person witness him breaking down the door.
Q: But you hadn’t come to a conclusion at the meeting, is that correct?
A: No, we were exchanging information thus—to get to the point where I could basically collect all the evidence that supports homicide and weigh it against whatever evidence supports suicide. To see how I would—to see which determination I would make.
Q: If you were told there was a question as to whether the fiancé was accompanied by someone, whether the fiancé broke through the door, whether the lock was engaged when the wounds were administered to Ellen, that those were in question and not decided,
would you have changed your initial determination of homicide to suicide while those questions remained open?
A:
No, I would not. I would end up somewhere closer to undetermined if those things are still in question, but that was not the case.
JOHN MCNAMEE - former Philadelphia homicide detective (deposition)
Q: Dr. Osbourne indicated that at a meeting it was shared with him that the fiancé had been witnessed entering the apartment when he found Ellen Greenberg. Do you recall that information being shared at a meeting you attended?
A: I can’t say that. I don’t know how Dr. Osbourne -- or if he became aware of that how he became aware of that.