Publicado: Sáb, Noviembre 09, 2019
Global | Por Milagro Delgado

Man claims he served life sentence after being revived in medical emergency

Man claims he served life sentence after being revived in medical emergency

The Des Moines Register reports that Benjamin Schreiber was sentenced in 1997 to life without parole after being found guilty of first-degree murder. According to court records, in March of 2015, he was hospitalized after large kidney stones lead to septic poisoning.

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

The appeals court affirmed that ruling Wednesday, saying: "Schreiber is either alive, in which case he must remain in prison, or he is dead, in which case this appeal is moot".

Benjamin Schreiber is seen in a photo released by the Iowa Department of Corrections.

He was unconscious when he arrived at the hospital, but doctors worked to save his life and succeeded.

Schreiber has been in prison since 1996.

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In April 2018, Schreiber filed an application for post-conviction relief, claiming that when his heart had stopped, he had technically died, and thus his life sentence had been fully served. He claimed that he had fulfilled the sentence after his short-term death.

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

The possibility that he is "dead", the court added in a footnote, seemed "unlikely" given that the appellant had himself signed legal documents in the case.

In his appeal, Schreiber had also argued that doctors violated his rights by failing to follow his "do not resuscitate" order when they pulled him from the brink of death. The panel declined to address that question because a lower court has yet to rule on it.

Schreiber is being held for the rest of his natural life at the Iowa State Penitentiary.

Schreiber's attorney has not commented on what his client wants to do next.

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