An inmate who is serving a life-sentence without parole says he believes he has served his sentence and should be released from prison after he fell ill and had to be resuscitated.
Benjamin Schreiber filed a motion for his release first to a district court and then to the the Iowa Court of Appeals.
According to the report, the inmate who was convicted of first-degree murder in 1997, developed large kidney stones in 2015 which eventually led to him becoming septic. Schreiber was said to have fell unconscious in his cell and was taken to the hospital where he was resuscitated five times by medical staff.
Schreiber now claims that he is being held illegally in prison because he ” momentarily died at the hospital, thereby fulfilling his ‘life’ sentence … Because his sentence has been fulfilled, he argues, he is imprisoned illegally and should be immediately released.”
The district court denied Schreiber’s motion and on Wednesday, the Iowa Court of Appeals upheld the lower court’s decision that Schreiber should remain in custody.
The appeals court reported that those guilty of a class A felony “must spend the rest of their natural life in prison, regardless of how long that period of time ends up being or any events occurring before the defendant’s life ends.”
It is unclear if Schreiber plans to continue pleading his case.