Judge linked to teacher’s fiance took belongings before police search after ‘suicide’

The parents of Philadelphia teacher Ellen Greenberg are criticizing what they call an “unfair” investigation into her 2011 death, which was ruled a suicide after her fiancé found her in the kitchen during a blizzard with 20 stab wounds and bruises with a half-broken fruit bowl salad on the table.

Her parents want to know why her fiance’s prominent uncle, the judge, was allowed to remove a number of items from the scene.

“Things were taken from the crime scene without our permission. The chain of custody was broken from the beginning when Jim Schwartzman took my daughter’s computers, electronics, purse,” Dr. Josh Greenberg told Fox News Digital in a joint interview with his wife, Sandi Greenberg.

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Ellen Greenberg, left, in an undated family photo (The Greenberg Family)

A representative for James Schwartzman, the uncle of Ellen’s fiance Sam Goldberg and a prominent judge in Pennsylvania, responded to the claims on his behalf, saying the police allowed him to go in and take Ellen’s belongings. He denied taking Ellen’s purse, but admitted taking her computers and cell phones.

“The door was damaged and unsecured and he retrieved items that he believed may have been stolen,” Schwartzman’s rep explained on his behalf.

This crime scene photo shows damage to the door of Ellen Greenberg’s apartment after her fiance, Sam Goldberg, told police he kicked them to death from outside. (Tom Brennan)

Responding to Dr. Greenberg’s concerns about the “chain of custody” of his daughter’s devices, Schwartzman’s representative said, “I understand from 42 years of practice that chain of custody refers to items that have been seized by the police, not items that have just been seized from the I just don’t understand how it can be applied to this particular situation, especially when the police released the scene and gave Mr. Schwartzman permission to go after the items.”

He added that Schwartzman did not need permission from Greenberg’s parents to take anything from the apartment when police released the scene.

“To be honest, it’s kind of a red herring,” he said. “When the police called Mr. Schwartzman and asked him to bring the computers and cell phones to the police station, he did so immediately.”

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This image shows Ellen Greenberg in an undated family photo and a computer-generated photo from an autopsy report showing knives indicating where she was stabbed 20 times. (The Greenberg Family)

Still, Greenberg’s parents and experienced outside investigators have expressed concern that police reacted inappropriately and released the scene too soon. Last year, an appeals court panel criticized the police, prosecutors and forensic experts who worked on the case, even as it ruled against the parents.

Schwartzman, a prominent attorney, was selected in 2021 to be the chief judge of the Disciplinary Court of the Pennsylvania Supreme Court, the court responsible for handling judicial misconduct cases throughout the state. Two years before his election, he was a court judge. He is also a partner and chair of the Ethics and Professional Responsibility Group at the law firm Stevens & Lee, according to the professional profile.

Neither Goldberg nor Schwartzman has been charged with any wrongdoing.

Melissa Weir, the former property manager for Ellen’s apartment building, previously spoke to Fox Nation about receiving a call from someone she believed to be Schwartzman at the time.

“Someone from Sam’s family called me. I think it could have been an uncle. They wanted to come to the apartment to get some personal items for the funeral. I immediately called the police to see what I could or could” “You won’t, and they told me there was no problem with letting them in; it’s not a crime scene anymore,” Ware said.

WATCH: Melissa Ware discusses cleaning Ellen Greenberg’s apartment

“And then I asked: “Well, what is the condition of the apartment?”. because I wasn’t inside and is there anyone who could clean it up? “I asked for recommendations. They let me clean up the crime scene.”

She called a company that came to destroy the scene a day before police returned with a search warrant, according to Greenberg family attorney Joe Podraza and appeals court documents. The knife found in Greenberg’s chest was not fingerprinted, and no other possible weapon was ever found. Investigators did not use the blood-detecting chemical luminol to examine the scene.

Greenberg, 27, was found on Jan. 6, 2011, with 20 stab wounds, including 10 in the back, at least one of which may have been inflicted after she was already dead, according to court documents. Her body was also covered in bruises in various stages of healing, according to her parents respond to abuse.

After her death, a city medical examiner named Dr. Marlon Osborne ruled her a homicide, according to court documents. Then he changed course meeting with the police behind closed doors and officially considered it a suicide.

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Ellen Greenberg as a teacher (Ellen Greenberg Family)

“The police have no reason to hide anything. Suicide is not a crime in the state of Pennsylvania,” Dr. Greenberg told Fox News Digital. “So why are they keeping my daughter’s personal belongings?”

“I would like to see my daughter’s journal,” Sandi Greenberg added. “I would like her Uggs. I would like her glasses. I don’t see any reason to keep these things from us when they insist it’s suicide.”

The Greenbergs say that in addition to Ellen’s belongings, Philadelphia officials are withholding additional surveillance footage from the day their daughter died and a video Ware recorded of the scene before she was taken away.

Ellen Greenberg Jr. smiles in an undated photo provided by her childhood friend and Penn State classmate. (Friends of Ellen Greenberg)

Police released several hours of surveillance footage from Greenberg’s apartment building on the night of her death to Podraza, who initially shared it with Gavin Fish, an independent investigative journalist who has a website dedicated to resolution of the case.

Web searches and family supporters from around the country spent hours poring over surveillance footage from the apartment building’s lobby and hallways for clues.

Librarian told PennLive that the man was seen on camera “bouncing nervously” in the lobby near the elevator before using a “Kleenex to wash away the blood” from an unspecified injury. She reportedly passed this information on to investigators.

WATCH: Sam Goldberg, Ellen Greenberg’s fiance at the time, in 2011 surveillance footage

“The video makes me very curious because I don’t know who the people in the video are, if they were residents or visitors, Sandi Greenberg said. – I wanted to see a 48-hour window of people coming and going in the building. I asked for the guest list. I didn’t understand. They should not hide this information from us.”

“We are talking about a piece of video surveillance that actually takes several hours. Sandi and I have never seen more than a glimpse of observation,” said Dr. Josh Greenberg.

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After their daughter’s death, the Greenbergs were embroiled in legal battles with the government. They accused the medical examiner’s office of covering up their daughter’s murder, demanded more evidence from police and tried to sue to change the “suicide” on her death certificate to “homicide” or “undetermined.”

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In September, the Pennsylvania Supreme Court agreed to hear arguments from the Greenbergs and their attorney.

“The Supreme Court will decide whether Sandi and I have title. And it’s a really big thing… I mean, no one has ever gone this far… I know it’s taken almost 14 years, but it’s still a very important thing,” said Dr. Greenberg.

“I’m really looking forward to making our voices heard,” Sandi said. “Not only are we now fighting for justice for Ellen, but because these various lawsuits are getting so much attention, we’re hopefully setting some precedent for other victims of horrific crimes.”

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Ellen Greenberg with her parents Josh and Sandi Greenberg. (Ellen Greenberg Family)

About two years ago, the Chester County District Attorney’s Office launched an independent investigation that continues after Philadelphia District Attorney Larry Krasner and former Pennsylvania Attorney General Josh Shapiro, now governor, recused themselves from the case.

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Philadelphia police did not immediately respond to Fox News Digital’s request for comment. Previously, they refused to discuss the case, citing open investigation in Chester County and the ongoing civil process.

Goldberg and the Chester County District Attorney’s Office did not immediately return calls for comment.

“Sometimes I feel like people when I talk about Ellen…they want me to just give up and forget it ever happened, but I don’t want anyone to walk in my shoes and feel a great loss.” – Sandi Greenberg. said “For me and Josh, it’s a mission that we have because it’s just, it’s so wrong and it’s so unfair.”