Waking up after clinical death, the prisoner demanded a life sentence

Clinically temporary death, offenders demand life term expiry

A prisoner serving a life sentence said he should be released after a temporary clinical death, and was taken to the hospital to save his life. However, the court did not accept his dispute.

Mr. Benjamin Schreiber was sentenced to life imprisonment in 1997 for first degree murder. In March 2015, he suffered from severe kidney stones that led to sepsis, according to court documents.

He was then unconscious in his cell and taken to a local hospital, where he was resuscitated five times.

According to the Iowa Court of Appeals, Mr. Schreiber "said that he died in a moment at the hospital, so he completed a 'lifetime' sentence … He said that because he had already finished the sentence, he is currently illegally detained and must be released immediately. "

Mr. Benjamin Schreiber has been serving a life sentence since 1997

A district court previously rejected Schreiber's proposal. And on November 6, the State Court of Appeal in Iowa upheld the lower court ruling.

In the presentation of its position, the appellate court said that Iowa state law made it clear that offenders with category A felony counts "must remain in prison for the duration of their natural life, regardless of how long is the life and any events before the offender dies ".

"One is that Mr. Schreiber is still alive, he will have to stay in prison," wrote Judge Amanda Potterfield, "the second is that he is dead, and that appeal does not make sense at the time." ".

Schreiber's lawyer did not immediately respond to requests for comment made on the morning of November 8. It is not clear whether Schreiber plans to bring the case to a higher court.


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