"Lifer" who was resuscitated claims
he has served his sentence
A prisoner in a jail in Iowa has argued that he should be released having served his sentence as he had “momentarily” died in 2015 as a result of a medical condition and had been resuscitated.
Benjamin Schreiber was sentenced to Life in jail without parole when he was convicted of murder in 1997
In 2015 Schreiber suffered from a medical condition as a result of which he developed septic poisoning and became unconscious in his cell. When he was brought to Hospital he was resuscitated five times and then underwent surgery.
In a novel legal argument advanced on his behalf in 2018 he applied to the Court to be released on the basis that he had “momentarily died” and had therefore served his sentence.
In the course of his argument Schreiber’s lawyers said that the resuscitation took place against his wishes. He said that he had been sentenced to Life without parole, but not to Life plus one day.
Unfortunately for Mr. Schreiber neither the Court of First Instance or the Appeal Court agreed with his arguments. He remains in jail to serve his full sentence.
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This document is for information purposes only and does not purport to represent legal advice.
© O’Rourke Reid 2019