Published: Sun, November 10, 2019
Global News | By Blake Casey

Prisoner resuscitated claims he has fulfilled life sentence, motions to be released

Prisoner resuscitated claims he has fulfilled life sentence, motions to be released

"Schreiber is either still alive, in which case he must remain in prison, or he is actually dead, in which case this appeal is moot", Judge Amanda Potterfield wrote for the court.

Benjamin Schreiber was found guilty of first-degree murder in 1997 and was sentenced to life in prison without the possibility of parole.

Three years later, Schreiber sought to be freed when he argued in court that he fulfilled his life sentence after momentarily dying.

Shortly before Terry's murder, he, Schreiber, and another woman named Evelyn Tangie had been traveling in a vehicle together.

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An inmate serving life for murder in the U.S. state of Iowa offered a novel legal appeal, saying he should be released because he "died" four years ago.

In 2015, Benjamin Schreiber, 66, collapsed inside his prison cell from septic poisoning after kidney stones caused him to "urinate internally," according to an appeals court ruling this week. He slipped into unconsciousness and was rushed to the hospital, where, despite a "do not resuscitate" order he'd signed, he was resuscitated five times with "adrenaline/epinephrine via an IV". "Because his sentence has been fulfilled, he argues, he is imprisoned illegally and should be immediately released". He had to be resuscitated by doctors in hospital, but fully recovered and was returned to prison.

The district court ruled against Schreiber - a decisions his lawyer took to the state's court of appeal. It added that his sentence would not end until a medical examiner formally declares him dead.

He said he was resuscitated by medical staff against his wishes and that he was sentenced to life without parole, "but not to life plus one day". But the lower court didn't address that aspect of the case, and the appellate panel said it wouldn't either.

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