Published: Sun, November 10, 2019

Prisoner claims that he died of the death penalty

Prisoner claims that he died of the death penalty

Benjamin Schreiber, 66, had to be resuscitated five times in 2015 when his heart stopped after he developed septic poisoning.

The judges said Schreiber's bid - while original - was "unpersuasive".

Needless to say, judges aren't buying his claim that the incident technically ended his sentence, with the Iowa Court of Appeals ruling on Wednesday that Schreiber's body would not leave the prison until a doctor had confirmed that he is dead for good.

Benjamin Schreiber was sentenced to life in prison without parole in 1997 after being convicted of first-degree murder.

Courtroom says sentence is no longer going to forestall till a health employee declares him ineffective.

In Schreiber's claim - which he filed previous year - he claimed he was resuscitated against his will and that his "death" meant his life sentence had technically ended.


Medical staff called his brother in Texas, who told them that if Schreiber was in pain, they could give him something to ease it, court records reportedly said. The courts have not addressed whether he was wrongfully resuscitated.

"We do not find his argument persuasive", Judge Potterfield wrote, adding that the judges found it unlikely the Legislature would have wanted "to set criminal defendants free whenever medical procedures during their incarceration led to their resuscitation by medical professionals".

Schreiber's lawyer didn't immediately respond to a request for comment on the ruling, and it's not clear whether the inmate plans to file another appeal.

In a proposal put forward by Schreiber past year, he said that he had already recovered from his will, and his short "death" allowed him to resurrect.

In his appeal, Schreiber added that he was resuscitated against his will, which meant his "sentence has expired".

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