Convicted Murder Claims He Served His Life Sentence After Briefly Dying

Nellie Chapman
November 10, 2019

An Iowa man serving a life sentence for murder lost his appeal for freedom after unsuccessfully arguing that his sentence was fulfilled after his heart had to be restarted five times.

A man convicted of murder in 1997 is claiming that he has fulfilled a life sentence after he reportedly was resuscitated in 2015 after going into septic shock, the Des Moines Register reported.

In Schreiber's claim, filed previous year, he said that he had been resuscitated against his will, and that his brief "death" meant that his life sentence had technically ended.

"Schreiber is either alive, in which case he must remain in prison, or he is dead, in which case this appeal is moot", Potterfield added.

According to the New York Times, an Iowa state prisoner Benjamin Schreiber is appealing his life sentence after a 2015 incident left the 66-year-old momentarily dead.

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And on Wednesday, the Iowa Court of Appeals upheld the lower court's decision.

Schreiber underwent surgery to fix the damage to his kidneys, and was treated for the septic shock with antibiotics and recovered. Then again, Schreiber argued that he was sentenced to existence in jail, "but not to existence additionally one particular working day", the newspaper described.

When he lost consciousness at the University of Iowa Hospitals & Clinics, a staff member called his brother, who told the hospital that although it could give Schreiber medicine to ease his pain, "otherwise you are to let him pass", according to Schreiber's petition. The courts have not addressed whether he was wrongfully resuscitated.

Schreiber's attorney has not commented on what his client wants to do next.

A district judge found little merit in Schreiber's argument, saying Schreiber's filing confirmed that he was still among the living.

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