Killer claims his life sentence is served because he briefly died

A man serving a life sentence argued that he should be released because his heart briefly stopped beating

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. However, Schreiber argued that he was sentenced to life in prison, "but not to life plus one day", the newspaper reported.

According to the Iowa Court of Appeals, Schreiber claims that he "momentarily died at the hospital thereby fulfilling his life sentence".

Benjamin Schreiber is seen in a photo released by the Iowa Department of Corrections.

Schreiber says his heart stopped five times on March 30, 2015, at a hospital where he'd been taken from the Iowa State Penitentiary in Fort Madison.

A couple of a very long time afterwards, Schreiber sought to be freed when he argued in court docket that he fulfilled his existence sentence quickly after momentarily dying.

The inmate's request was dismissed by the district court, which found his claim "unpersuasive and without merit".

The Iowa Court of Appeals affirmed that decision Wednesday.

"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", Judge Amanda Potterfield wrote, according to the Register. Schreiber and Terry's girlfriend had apparently planned the man's killing.

The man's body was discovered at a trailer in Wapello County in July 1996.

Schreiber was convicted of first-degree murder in 1997.

"Witness stated that after she, Terry, and the defendant arrived at the scene they got out of the auto and Terry was struck, severely injured, and left at the scene".

Schreiber's criminal defense attorney, Denise Gonyea, wasn't immediately available for comment on Friday.



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