# A Prisoner Who Briefly Died Argues That He’s Served His Life Sentence



## 1QTPie (Nov 8, 2019)

A court in Iowa found that a murderer who was revived “is either still alive, in which case he must remain in prison, or he is actually dead, in which case this appeal is moot.”

What does it mean to complete a sentence of life in prison? One prisoner claims he has done it by serving time until the moment of his death — plus another four years since — and says it is well past time to set him free.

The prisoner, Benjamin Schreiber, made that argument to an appeals court in Iowa, saying that when he briefly died in 2015, before being revived at a hospital, he completed his obligation to the state. He asked the three-judge panel to let him get on with his life.

The judges rejected his argument this week, ruling that a lower court had been right to dismiss his petition.

“Schreiber is either still alive, in which case he must remain in prison, or he is actually dead, in which case this appeal is moot,” Judge Amanda Potterfield wrote for the court.

Mr. 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.

He has filed several unsuccessful appeals, but in 2018 he argued in court in Wapello County that he had been resuscitated against his will, and that because he had, his “sentence has expired.”








Iowa Department of Corrections, via Associated Press
In March 2015, Mr. Schreiber, who is being held at the Iowa State Penitentiary, was taken to a hospital after having seizures and a high fever, according to his petition. The cause of his illness turned out to be large kidney stones, which led to septic poisoning.

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 Mr. Schreiber medicine to ease his pain, “otherwise you are to let him pass,” according to Mr. Schreiber’s petition.



Mr. Schreiber said he was resuscitated despite his brother’s directions and his own do-not-resuscitate order on file with the Iowa Department of Corrections. The courts have not addressed whether he was wrongfully resuscitated. Mr. Schreiber’s lawyer did not respond to requests for comment on Friday.

Judge Potterfield wrote in the ruling this week that because “life” is not defined by the state’s code, the judges had given the term “its plain meaning,” which they took to prescribe that Mr. Schreiber must spend the rest of his natural life incarcerated, regardless of whether he had been revived.

“We do not find his argument persuasive,” Judge Potterfield wrote, adding that the judges found it unlikely the Legislature would have wanted “to set criminal defendants free whenever medical procedures during their incarceration lead to their resuscitation by medical professionals.”

@nickatnews


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## Crackers Phinn (Nov 8, 2019)

Tryna Jon Snow his way outta a prison sentence.  



Naw son, you gotta be dead at least a whole day for it to count.
Keep his  locked up!


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## guudhair (Nov 8, 2019)

Nice try Benjamin.

“*he was resuscitated despite his brother’s directions and his own do-not-resuscitate order on file with the Iowa Department of Corrections”.   *

It doesn’t matter to me in his case; however, some folks (non-inmates) really don’t want to be resuscitated.  I do not in specific instances.  I wonder how that works if the hospital goes against instructions of a living will and/or next of kin.


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## Theresamonet (Nov 8, 2019)

Crackers Phinn said:


> Tryna Jon Snow his way outta a prison sentence.
> 
> 
> 
> ...



Exactly what I was about to post.


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## Black Ambrosia (Nov 8, 2019)

He looks like a mean old ***


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## Foxglove (Nov 9, 2019)




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## MrsMe (Nov 9, 2019)

If they let him get away with this, then technically it should be applied to student loans as well. 
If I die and come back, Nelnet better hit the road and not expect another dime from me.


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## Farida (Nov 9, 2019)

Creative but it is a “life sentence” not an “until death sentence”


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## intellectualuva (Nov 9, 2019)

Farida said:


> Creative but it is a “life sentence” not an “until death sentence”



Exactly. 

He looks extra crazy with crazy on top.....leave him right on in there.


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## itsallaboutattitude (Nov 9, 2019)

About white.


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## Ivonnovi (Aug 13, 2022)

I looked at his pictured and decided that his Lawyer should be disbarred for "Stupidity"
 I resent that the article presents the story as though this murderous in-bred thought of this on his own.


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