Judge rejects the convicted murderer's request to be released from life imprisonment because he & # 39; DIED & # 39; is when his heart stopped during a medical emergency in 2015
- Benjamin Schreiber, 66, filed a request for conviction after his conviction in Iowa
- He was sentenced to life imprisonment for killing a man with an ax grip in 1996
- But claimed that his sentence was served when his heart stopped in 2015
- The appeal court dismissed his claim as & # 39; inconclusive and without merit & # 39;
Benjamin Edward Schreiber, 66, claims that he died in 2015 when his heart stopped
A convicted murderer who lives in prison must remain behind bars despite his claim that he died when his heart stopped for a moment, a judge has decided.
Benjamin Edward Schreiber, 66, is still alive, in which case he must remain in prison, or he is actually dead, in which case this appeal is unfounded, a judge in Iowa ruled on Wednesday.
Schreiber was found guilty of first-degree murder in John Terry's ax-killing death in 1996 and was sentenced to life behind bars without the possibility of conditional release.
In March 2015, Schreiber developed large kidney stones and was hospitalized after fainting with septic poisoning in his cell in Iowa prison.
After being taken to hospital, Schreiber & # 39; s heart had to be restarted five times by medical staff, despite a & # 39; non CPR & # 39; order that he had, according to court documents.
Schreiber is being held for the rest of his natural life in the Iowa State Prison (above)
Schreiber underwent surgery to repair kidney damage and was treated with antibiotics and repaired for septic shock.
In April 2018, Schreiber applied for relief after conviction, claiming that when his heart had stopped, he would have died technically, and thus his life sentence would have been fully imposed.
Schreiber claimed in the archives that he was sentenced to life without conditional release, & # 39; but not to life plus one day & # 39 ;.
The court rejected Schreiber's claim as & # 39; unconvincing and without merit & # 39 ;.
Judge Amanda Potterfield of the Iowa Court of Appeals confirmed the lower court in a Wednesday opinion.
Schreiber is being held in the Iowa State Penitentiary for the rest of his natural life.
His lawyer could not immediately be reached for comment on Friday.
. (TagsToTranslate) Dailymail (t) news