A convicted murderer who was serving a life sentence claims that he should be released after he "died" and was brought back to life.
Benjamin Schreiber, convicted of first-degree murder in the mid-1990s for a brutal crime involving a pickaxe, claimed he had technically fulfilled his life sentence after his heart stopped momentarily, only to be resuscitated back to life.
Schreiber's unusual argument stemmed from a medical emergency in 2015 when he suffered from kidney stones and septic poisoning, as reported by CNN. Transported from the Iowa State Penitentiary to a nearby hospital, he was resuscitated five times after his heart ceased beating momentarily.
Despite his claim that he had died and been brought back against his will, citing a "Do Not Resuscitate" order, the court remained unconvinced.
Benjamin Schreiber. Credit: Iowa Department of Corrections
According to The Des Moines Register, Schreiber's brother conveyed Schreiber's wish for a peaceful passing to medical staff, but this plea didn't sway the court's decision.
A lower court swiftly dismissed Schreiber's argument as "unpersuasive and without merit." Undeterred, Schreiber pursued his case to the Iowa Court of Appeals, only to meet another dead end.
The appeals court, consisting of a three-judge panel, emphasized that Iowa state law mandates anyone guilty of a class A felony to serve life in prison, irrespective of any temporary medical circumstances.
Justice Amanda Potterfield, in her decision, underscored the legislative intent behind such laws, stating: "We do not believe the legislature intended this provision...to set criminal defendants free whenever medical procedures during their incarceration lead to their resuscitation by medical professionals."
Schreiber was jailed in the mid-90s for murdering a man with an axe. Credit: Charles O'Rear/Getty
"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," Potterfield said, adding: "We do not find his argument persuasive."
Schreiber's claim of having technically fulfilled his life sentence due to a momentary death experience was ultimately dismissed by the court. He remained incarcerated until his death in April 2023 at Unity Point Medical Center in Fort Dodge, with his passing being attributed to natural causes.
Schreiber's case isn't the first of its kind.
Jerry Rosenberg, convicted of the 1962 murder of two New York police detectives, made an audacious plea for freedom in 1988. Claiming he had died during surgery when his heart stopped, Rosenberg petitioned an upstate New York court for release.
The prisoners claimed that they had served life after they technically died. Credit: Darrin Klimek/Getty
However, his legal maneuver was swiftly rebuffed by the judge, who pointedly noted Rosenberg's physical presence in the courtroom, rejecting the notion of his legal death, as reported by the Independent.
Eve Brensike Primus, a criminal law professor at the University of Michigan Law School, explained the rarity of such arguments. "The stars have to align - both the medical condition and the sentence the person is facing - for a person to even make this argument," she noted.
Primus highlighted the far-reaching implications of legally defining death pre-resuscitation, cautioning against potential complications in criminal proceedings, insurance claims, and inheritance matters.
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