Benjamin Schreiber Says He Served Life Sentence By Temporarily Dying

10 Novembre, 2019, 19:14 | Auteur: Anatole Charbonneau
  • A man serving a life sentence argued that he should be released because his heart briefly stopped beating

She notes that the appellant cited no case law to support his position and that state law requires those convicted of a class A felony to "spend the rest of their natural life in prison, regardless of how long that period of time ends up being or any events occurring before the defendant's life ends".

Benjamin Schreiber, 66, was sentenced to life without parole in Iowa for bludgeoning a man to death in 1996.

The Iowa Appeals Court has ruled against a convicted killer who says he "died" during a medical emergency and thus fulfilled his life sentence.

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

In Schreiber's claim, filed a year ago, he said that he had been resuscitated against his will, and that his brief "death" meant that his life sentence had technically ended.

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The possibility that he is "dead", the court added in a footnote, seemed "unlikely" given that the appellant had himself signed legal documents in the case.

In late March of 2015, Schreiber had kidney stones that got so big that, according to court records, they "caused him to urinate internally".

After the state's motion to dismiss the case was granted in district court, Schreiber appealed. He then continued to say that he is imprisoned illegally and should be immediately released.

But judges said Schreiber's bid - while original - was "unpersuasive". The opinion does not make clear whether Schreiber had actually been declared dead by medical staff. Schreiber has since argued that he's served his life sentence as a result. It's unclear whether Schreiber plans to take the case to a higher court.

Schreiber also had said in his post-conviction relief application that his due process rights were violated because the hospital didn't abide by his do-not-resuscitate order.

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