Murderer Benjamin Schreiber says momentarily dying of sepsis means his life sentence at the Iowa State Penitentiary, right has been completed – and
A murderer who died briefly while suffering from sepsis has demanded that he be freed from his life sentence as a result.
Benjamin Schreiber, 66, says the fact that doctors had to revive him five times during the 2015 scare means that his life technically ended – and his jail sentence with it.
A court ruling seen by the Daily Iowegian explained: ‘Schreiber filed this (post-conviction relief) application in April 2018.
‘In it he claims he momentarily died at the hospital, thereby fulfilling his ‘life’ sentence….
‘Because his sentence has been fulfilled, he argues, he is imprisoned illegally and should be immediately released.’
Schreiber fell ill at the Iowa State Penitentiary after kidney stones made him pee internally and caused a huge internal infection which made his organs shut down.
He was jailed for life in 1997 for the 1996 beating death of John Terry after plotting with Terry’s girlfriend to batter the victim to death with a pickax, The Washington Post reported.
But Schreiber grew tired of life behind bars – and decided to try and use the medical episode to his advantage.
A district court disagreed with Schreiber’s assertion, prompting him to take his case all the way to Iowa’s court of appeal.
But they ruled against him earlier this week, with a judge explaining: ‘Schreiber is either alive, in which case he must remain in prison, or he is dead, in which case this appeal is moot.’
The judge’s ruling continued: ‘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.’