Convicted Murderer Who Momentarily Died Says His Life Sentence Has Been Served

The Iowa Appeals Court has ruled that convicted murderer Benjamin Schreiber will not be released

The Iowa Appeals Court has ruled that convicted murderer Benjamin Schreiber will not be released. Credit Iowa Department of Corrections

He filed for post-conviction relief in 2018 after his 2015 illness, claiming that he was now being kept in prison illegally.

A court in the U.S. has ruled against a killer who claimed he'd fulfilled his life sentence because he momentarily "died".

Schreiber's large kidney stones had triggered septic poisoning, and he was found unconscious and taken to a hospital.

Schreiber was resuscitated five times while being transported to the hospital. Surgery was performed, and he was treated with antibiotics, according to court documents. The doctors were able to restore his pulse and save his life, which gave him the idea that he has fully served his sentence.

His case was denied by the Iowa Court of Appeals on Wednesday. Schreiber took the matter further but appeals court judges were also not convinced.

Wapello County court records say Benjamin Schreiber has been serving the life term since being convicted in 1997 of beating a man to death.

They said that it was "unlikely" to be dead, as he had signed his own legal documents in the case.

According to his attorneys, his momentary "death" meant he had completed his life sentence and his return to prison was therefore illegal.

The Iowa Court of Appeals was unmoved, however, by Benjamin Schreiber's bid for freedom ruling that the argument - however original - was "unpersuasive".

"We do not believe the legislature intended this provision [.] to set criminal defendants free whenever medical procedures during their incarceration lead to their resuscitation by medical professionals", Potterfield wrote.

Mr Schreiber's lawyer did not respond to requests for comment Friday, and a hospital spokesman said he did not immediately have a comment.

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