IOWA — 66-year-old Iowa inmate, Schreiber was sentenced to life without parole in 1997 for first-degree murder, but says since he died momentarily after falling ill, his life sentence is now served.
Schreiber developed large kidney stones back in March 2015 which led to septic poisoning.
Citing court documents, The Des Moines Register state that he was rushed to a local hospital where his heart was restarted five times.
In April 2018, he filed for post-conviction relief claiming that because he died at the hospital, his life sentence has already been served and therefore should be released immediately.
He goes on to say that he was sentenced to life without parole, "but not to life plus one day."
The district court found his claim "unpersuasive and without merit."
On Wednesday, the Iowa Court of Appeals backed the district court, agreeing that Benjamin Schreiber's sentence isn't up until a medical examiner declares he is deceased.
