Murderer serving life sentence dies briefly and appeals for release

Convicted murderer who momentarily died says his life sentence has been served

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

A court in the United States has refused to release a convict who argued that he had completed his life sentence when he briefly "died".

"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".

In March 2015, Schreiber developed severe complications from kidney stones and went into septic shock.

Schreiber eventually fell unconscious in his cell and was transported to a nearby hospital, where he was resuscitated five separate times by doctors, the documents said. Surgery was performed, and he was treated with antibiotics, according to court documents.

He has filed several unsuccessful appeals, but in 2018 he argued in court in Wapello County that he had been resuscitated against his will, and that because he had, his "sentence has expired".

Courtroom says sentence is no longer going to forestall till a health employee declares him ineffective.

After the state's motion to dismiss the case was granted in district court, Schreiber appealed. Schreiber took the matter further but appeals court judges were also not convinced.

Benjamin Schreiber was sentenced to life without parole after being convicted of murder for killing a man with the handle of an axe in 1996.

Medical staff called his brother in Texas, who told them that if Schreiber was in pain, they could give him something to ease it, court records reportedly said.

And Potterfield doubts that Schreiber's interpretation of the law could possibly be what lawmakers meant when they defined a life sentence.

"The court finds this assertion unpersuasive and without merit", it stated.



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