Judge rejects convicted murderer's request to be freed from his life sentence because he had technically 'DIED' when his heart stopped during a medical emergency in 2015
Benjamin Schreiber, 66, filed for post-conviction relief from his sentence in Iowa
He was sentenced to life for beating a man to death with an ax handle in 1996
But claimed that his sentence had been served when his heart stopped in 2015
Appeals court judge dismissed his claim as 'unpersuasive and without merit'
By Keith Griffith For Dailymail.com
Published: 09:35 EST, 8 November 2019 | Updated: 11:28 EST, 8 November 2019
A convicted murderer serving life in prison must remain behind bars despite his claim that he died when his heart stopped momentarily, a judge has ruled.
Benjamin Edward Schreiber, 66, 'is either still alive, in which case he must remain in prison, or he is actually dead, in which case this appeal is moot,' a judge in Iowa ruled on Wednesday.
Schreiber was found guilty of first-degree murder in the 1996 ax-handle bludgeoning death of John Terry, and sentenced to life behind bars without the possibility of parole.
In March 2015, Schreiber developed large kidney stones and was hospitalized after septic poisoning caused him to pass out in his cell at the Iowa State Penitentiary.
After he was rushed to a hospital, Schreiber's heart had to be restarted five times by medical staff, in spite of a 'do not resuscitate' order he had in place, according to court documents.
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https://www.dailymail.co.uk/news/article-7664879/Judge-rejects-murderers-request-freed-life-sentence-heart-stopped.html
