Friday, 29 May, 2020

Benjamin Schreiber Says He Served Life Sentence By Temporarily Dying

An Iowa appeals court has rejected Benjamin Schreiber's claim An Iowa appeals court has rejected Benjamin Schreiber's claim
Deanna Wagner | 10 November, 2019, 19:13

Iowa inmate Benjamin Schreiber argued he should be free from his every day life sentence after briefly dying within the clinic, however an appeals court docket docket disagreed. They then operated to fix damage done by the kidney stones.

Schreiber was found guilty of first-degree murder in the 1996 ax-handle bludgeoning death of John Terry, and sentenced to life behind bars without the possibility of parole.

"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", the court wrote.

They said that it was "unlikely" to be dead, as he had signed his own legal documents in the case.

He has filed several unsuccessful appeals, but in 2018 he argued in court in Wapello County that he had been resuscitated against his will, and that because he had, his "sentence has expired".

In 2015, Schreiber developed septic poisoning as a result of kidney stones.

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It looks like Benjamin Schreiber is trying really really hard to get away with this one.

The district court was not buying it, however, calling that argument "unpersuasive and without merit".

Schreiber's lawyer then took the case to the appeals court, which ruled Wednesday that the convict couldn't have it both ways.

"We do not believe the legislature intended this provision, which defines the sentences for the most serious class of felonies under Iowa law and imposes its 'harshest penalty, '.to set criminal defendants free whenever medical procedures during their incarceration lead to their resuscitation by medical professionals", the opinion states. He had to be resuscitated by doctors in hospital, but fully recovered and was returned to prison.

What does it mean to complete a sentence of life in prison? But the lower court didn't address that aspect of the case, and the appellate panel said it wouldn't either.