A MURDERER serving a life sentence tried to claim he should be freed after he momentarily “died” during a medical emergency.
Benjamin Schreiber, 66, unsuccessfully argued in court that he fulfilled his life sentence when his heart stopped five times.
Benjamin Schreiber, 66, claimed he had fulfilled his life sentence when he momentarily died in hospital[/caption]
The legal question arose in March 2015 when Schreiber suffered from large kidney stones which led to septic poisoning.
After falling unconscious in his prison cell, he was taken to a local hospital in Iowa, US, where he was resuscitated five times.
Surgery was performed, and he was treated with antibiotics, according to court documents.
In 2018, Schreiber applied to a state court for release, arguing that he had “momentarily died” at the hospital and therefore fulfilled his life sentence.
He said he was resuscitated by medical staff against his wishes and that he was sentenced to life without parole, “but not to life plus one day.”
A district court previously denied Schreiber’s motion.
And on Wednesday, the Iowa Court of Appeals upheld the lower court’s decision.
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“Schreiber is either alive, in which case he must remain in prison,” Judge Amanda Potterfield wrote, “or he is dead, in which case this appeal is moot.”
Schreiber was sentenced to life in prison without parole for bludgeoning John Dale Terry to death in Agency, Iowa in 1996.