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An Iowa judge on Wednesday denied a request from a convicted killer who argued that he was suffering from a medical hardship in 2015—and he died recently so he has already completed his life sentence and has been unjustly held in prison over the past four years.
IOWA FIRE CHIEF, FIRED AFTER ALLEGEDLY DRUNKENLY DRIVING THE PATIENT TO THE HOSPITAL, AND WHILE ON THE ROAD
Benjamin Schreiber, 66, was used in place of the Iowa State Penitentiary to visit the hospital in 2015, after a large kidney stones that caused him to develop septic poisoning, according to court records. Schreiber – who had been convicted of first-degree murder in 1997 and sentenced to life in prison without parole, and was unconscious by the time he got to the hospital, the Des Moines Register reported.
He had signed a “do not resuscitate” order to the previous year. The hospital staff, as well as his brother in Texas, who told them that “if he is in pain, you can give him something to ease the pain, but otherwise, you have to let him pass,” court documents said. The doctors, in place of administered resuscitation fluids through an iv in your arm, and performed life-saving surgery to repair the damage caused by kidney stones.
Schreiber filed for post-conviction relief in April of 2018, which says that he died shortly at the hospital, and, therefore, ended his life condemned. He said in the court documents, he was convicted and sentenced to life in prison but not for life and one for the day.” A district court rejected his request for a release letter, his argument was “unpersuasive and without merit.”
The Iowa Court of Appeals upheld that decision on Wednesday. “Schreiber is still alive, and in that case, he must remain in prison, if he is dead, in which case the appeal is moot,” Judge Amanda Potterfield wrote in the appeals court’s opinion.
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Neither court addressed Schreiber’s additional claim that he has a due process rights were violated when doctors ignored his do not resuscitate ” order, the Register reported.