Wednesday, 20 November, 2019

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

An Iowa appeals court has rejected Benjamin Schreiber's claim An Iowa appeals court has rejected Benjamin Schreiber's claim
Patty Aguilar | 10 November, 2019, 19:14

Schreiber has since argued that he's served his life sentence as a result.

Schreiber, 66, was sentenced to life without parole after being convicted of murder for killing a man with the handle of an ax in 1996, according to The Des Moines Register.

An Iowa Court of Appeals says no - at least as far as convicted murderer Benjamin Schreiber is concerned.

Shortly before Terry's murder, he, Schreiber, and another woman named Evelyn Tangie had been traveling in a vehicle together.

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.

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When he lost consciousness at the University of Iowa Hospitals & Clinics, a staff member called his brother, who told the hospital that although it could give Schreiber medicine to ease his pain, "otherwise you are to let him pass", according to Schreiber's petition.

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

A district court judge found that Schreiber's novel argument was "unpersuasive and without merit".

Potterfield said that Schreiber's argument was not persuasive in her ruling against him.

"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", the court ruled. It's unclear whether Schreiber plans to take the case to a higher court. He had to be resuscitated by doctors in hospital, but fully recovered and was returned to prison. But the lower court didn't address that aspect of the case, and the appellate panel said it wouldn't either.

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