NewStats: 3,263,767 , 8,181,344 topics. Date: Saturday, 07 June 2025 at 08:29 PM 4p6y2a

The X post from Instablog9ja that caught your attention references a fascinating and unusual legal case involving Benjamin Schreiber, a prisoner in Iowa, USA. Let’s dive into the details of this incident, drawing from the web results provided and adding context where necessary.

Overview of the Incident
Benjamin Edward Schreiber was an American convicted of first-degree murder in 1997 for the 1996 killing of John Dale Terry near Agency, Iowa. Schreiber, born in 1952 or 1953, bludgeoned Terry to death with an axe handle at an abandoned trailer, in the presence of Terry’s girlfriend, Evelyn Tangie. Schreiber was sentenced to life in prison without the possibility of parole at the Iowa State Penitentiary in Fort Madison, Iowa.
Fast forward to March 2015: while serving his sentence, Schreiber, then in his early 60s, suffered a medical emergency. He developed septic poisoning due to large kidney stones, a life-threatening condition that led to him being rushed from the Iowa State Penitentiary to a hospital. During this medical emergency, Schreiber’s heart stopped, and he was clinically dead for a brief period. Medical staff resuscitated him, restarting his heart five times, ultimately bringing him back to life.
Schreiber’s Legal Argument

After recovering, Schreiber, in April 2018, filed for post-conviction relief with a novel legal argument: he claimed that because he had "died" during the medical emergency, his life sentence had technically been fulfilled. His reasoning was that a life sentence means imprisonment until death, and since he had momentarily died, he had served his sentence and should be released immediately.

Schreiber argued that he had overstayed his sentence by the time he brought this claim, as he had been alive (and in prison) for several years following his brief "death."
Court Response

Schreiber’s argument, while creative, didn’t hold up in court. The Iowa district court rejected his claim, with the judge stating that his argument was "unpersuasive and without merit." The judge pointed out the obvious: Schreiber was clearly alive, as evidenced by the fact that he was able to file the legal motion in the first place.

Schreiber then appealed to the Iowa Court of Appeals. In November 2019, the appeals court upheld the lower court’s decision. Judge Amanda Potterfield, in the court’s opinion, wrote: "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." The court emphasized that a life sentence doesn’t end with a temporary cessation of vital signs—it requires a medical examiner to declare the individual deceased for good. The court also noted that there was no case law ing Schreiber’s position, and he couldn’t have it both ways: claiming to be dead for the purposes of his sentence while continuing to live and engage with the legal system.

Additional Context on the Case
The Murder Details: Schreiber committed the murder on July 27, 1996, when he was 43 years old. The crime took place in an abandoned trailer south of Agency, Iowa. Schreiber, along with Evelyn Tangie, Terry’s girlfriend, was involved in the incident. Tangie was initially convicted of second-degree murder, but her conviction was overturned in 2000 by the Iowa Court of Appeals due to a violation of the Confrontation Clause of the Sixth Amendment (related to hearsay evidence involving Schreiber’s statements relayed by a third party).

Medical Details: Schreiber’s medical emergency in 2015 stemmed from severe kidney stones that caused sepsis, a dangerous infection response that can lead to organ failure and death. During his hospitalization, his heart stopped multiple times, and he was resuscitated each time. According to court records, the decision to resuscitate him involved consultation with Schreiber’s brother, who consented only to pain relief measures, but hospital staff proceeded with resuscitation.

Legal Precedent: Schreiber’s case wasn’t the first of its kind. The web results mention a similar case involving Jerry Rosenberg, a New York City murderer who argued that his life sentence ended when his heart stopped during surgery. Like Schreiber, Rosenberg’s claim was rejected. These cases highlight the legal system’s stance that a life sentence persists as long as the individual remains alive, regardless of temporary clinical death.

Schreiber’s Death: According to the Wikipedia entry, Benjamin Schreiber ed away on April 7, 2023, at the age of 70 or 71. His legal argument, while unsuccessful, gained significant attention for its audacity and philosophical implications about the meaning of a "life sentence."

compared the situation to a "Game of Thrones" plotline where a character, after being resurrected, claimed their duty had ended because they had died, suggesting Schreiber could take his case to the Supreme Court.

Broader Implications
Schreiber’s case raises interesting questions about the legal definition of a life sentence and the intersection of medical technology with the justice system. Advances in medicine mean that people can be revived after clinical death, as Schreiber was, but the law hasn’t evolved to address such scenarios in the context of sentencing. The court’s ruling reflects a pragmatic approach: a life sentence means imprisonment until a person is definitively deceased, not just momentarily dead.

This incident also underscores how legal systems prioritize consistency over technicalities. Schreiber’s argument, while logically intriguing, was seen as an attempt to exploit a loophole, and the courts weren’t willing to entertain it. However, the case has sparked public fascination, as seen in the X post and its comments, because it touches on existential questions about life, death, and second chances.
Conclusion

The incident involving Benjamin Schreiber is a blend of tragedy, legal creativity, and dark humor. Convicted of a brutal murder in 1996, Schreiber’s 2015 medical emergency led to an unprecedented legal claim in 2018—that his brief death fulfilled his life sentence. The Iowa courts rejected this argument in 2019, and Schreiber remained in prison until his actual death in 2023.

https://www.nytimes.com/2019/11/08/us/prisoner-dies-life-sentence.html

Wetin Musa dey see for gate like this

for he is now a new person and all old things have ed away.

they never wanted him a free man but justice rescued him finally in 2023.

Lmao...

But he’s right… he died, their greatest undoing was bringing him back to life… with a good lawyer he can argue his way out.

He did his jail time already by dying, what they’re doing now is killing an innocent man

Before Nko, must he be incastrated after dieing and coming back, what kind of stupid law you call this?

Dead men don't go to court...

You can't just go about bringing all dick and harry who is dead back to life😂

He should be sentenced to death again for cheating death itself.

Wow well he finally died in 2023 so technically he is now a free from the earthly prison but what becomes of his soul is in the hands of his maker

He makes a valid point, doesn't he?

They can retry him for violating his life sentence by coming back to life after resuscitation attempt.

In fact, he can be said to have born again. Praise the Lord!

This one wants to use legal technicalities to regain his freedom

I don't even understand why they give convicted murderers life sentences so they can stay in prison and feed fat at expense of tax payers.

If I have my way I will have all of them executed so we can create space in the prisons while at the same time save tax payers' money

Where’s the lie?

You they whine

I love the fact that he died for what he committed.

Werey wanted to use technicalities to dodge his sentencing.

There's a need to prevent this trash from happening in the future by tweaking the judgement statement a bit on death to include funeral.
Let's see how it goes from there.

Okay

someone can only be confirmed dead if they are brain dead. this would not go anywhere

Nairaland don dey return us back to the age where we get regular informative posts and not just news about Tiwa Savage buying bole and fish inside Lagos traffic

The man is right they should let him go

But he did served

He has no case in the court of law, the law stipulate that once he die permanently, he can be free of his sin, but if he dies 100× and wake up, he will still be held behind bars..

Example of kashamu, it was after he died that FBI discontinued his drug case in US because they can't be running after shadows...

He should remain in prison



Nairaland traffic don low........

Crazy things are happening

The guy wanted to cheat the legal system, but they catch am

I hate cheating. The man died and they brought him back to life. Did he tell them to revive him. Is this wickedness from the state or sabotage on someone's freedom.