Published: Sun, November 10, 2019
Global News | By Blake Casey

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

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

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

Schreiber claims he momentarily died at the hospital, thereby fulfilling his "life" sentence.

Benjamin Schreiber, not pictured, is serving a life sentence for bludgeoning a man to death in 1996.

Choose Amanda Potterfield, of the Iowa Court docket of Appeals, upheld the decrease courtroom in an opinion issued on Wednesday.

He claims that because he "momentarily died" at the hospital that his life sentence has been served and took a case to the court of appeals.

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

Schreiber's brother told the hospital staff that "if he is in pain, you may give him something to ease the pain, but otherwise you are to let him pass", according to court records obtained by The Des Moines Register. The courts have not addressed whether he was wrongfully resuscitated.

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

Schreiber's lawyer didn't immediately respond to a request for comment on the ruling, and it's not clear whether the inmate plans to file another appeal.

Jerry Rosenberg, who was convicted of murdering two NY police detectives in 1962, petitioned a court in upstate NY to let him go in 1988, arguing that he had died when his heart stopped during surgery.

"The stars have to align - both the medical condition and the sentence the person is facing - for a person to even make this argument", she said.

They said that he was "unlikely" to be dead, as he had signed his own legal documents in the case. Schreiber also said he was revived against his wishes.

He added that Mr Schreiber would still be considered alive for purposes including organ donation, making it "hard to think he should be "dead" for the objective of serving a life sentence".

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