(Reuters) – An Iowa inmate sentenced to life with out parole has unsuccessfully argued in courtroom that he must be freed as a result of he “momentarily died” and was resuscitated when he was within the hospital 4 years in the past.
The novel authorized argument got here to gentle this week when the Courtroom of Appeals of Iowa denied an enchantment for inmate Benjamin Schreiber, who has been in jail since he was convicted of homicide in 1997.
“Schreiber is both nonetheless alive, wherein case he should stay in jail, or he’s really lifeless, wherein case this enchantment is moot,” the courtroom wrote.
The authorized query arose in March 2015 when Schreiber, 66, suffered from massive kidney stones which led to septic poisoning. After falling unconscious in his jail cell, he was taken to a neighborhood hospital the place he was resuscitated 5 occasions. Surgical procedure was carried out, and he was handled with antibiotics, based on courtroom paperwork.
In 2018, Schreiber utilized to a state courtroom for launch, arguing that he had “momentarily died” on the hospital and due to this fact fulfilled his life sentence.
He mentioned he was resuscitated by medical workers in opposition to his needs and that he was sentenced to life with out parole, “however to not life plus at some point.”
After the state’s movement to dismiss the case was granted in district courtroom, Schreiber appealed.
The appeals courtroom mentioned it didn’t imagine lawmakers supposed for the legislation dictating sentencing for essentially the most severe felonies to be learn as if defendants must be freed at any time when medical procedures throughout their incarceration result in their resuscitation by medical professionals.
Schreiber was sentenced to life in jail with out parole for bludgeoning John Dale Terry to dying in Company, Iowa in 1996.
Reporting by Brendan O’Brien in Chicago; Modifying by Cynthia Osterman