Murderer 'Dies,' Is Resuscitated, Then Says He Completed His Life Sentence

Clay Curtis
November 10, 2019

His lawyer argued that Schreiber had been sentenced to life without parole "but not to life plus one day".

An inmate serving life for murder in the USA state of Iowa offered a novel legal appeal, saying he should be released because he "died" four years ago.

The judges concluded: "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".

In March 2015, Mr Schreiber, who is being held at the Iowa State Penitentiary, was taken to a hospital after having seizures and a high fever, according to his petition. Surgery was performed, and he was treated with antibiotics, according to court documents.

In April of 2018, he filed for post-conviction relief, where he claimed that he momentarily died at the hospital.

While appealing his sentence, Schreiber said that medics did not adhere to his "do not resuscitate" order.

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Choose Amanda Potterfield, of the Iowa Court docket of Appeals, upheld the decrease courtroom in an opinion issued on Wednesday. But on Wednesday, a three-judge panel of the Court of Appeals of Iowa gave that idea a firm no.

Benjamin Schreiber was sentenced to life in prison without parole in 1997 after being convicted of first-degree murder. Therefore, they find the possibility that he is dead "unlikely".

Judges ruled that Schreiber's argument was original but unpersuasive.

The 66-year-old Benjamin Schreiber was sentenced to life imprisonment for life imprisonment.

An attorney for Schreiber did not immediately respond to requests for comment Friday morning.

District judges found little merit in Schreiber's argument, saying his filing confirmed he was still among the living.

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