Convict tried to argue life sentence in prison was over after he ‘died’ and was brought back to life

A prisoner who was serving a life sentence argued that he shouldn’t have been returned to prison after he ‘died’ and was resuscitated.

Benjamin Schreiber was sent to a detention facility in Iowa back in the mid-1990s for first degree murder after he clubbed another man to death with the handle of a pickaxe.

He conspired with the victim’s girlfriend to kill him before leaving the body outside of a trailer.

According to reporting by CNN, Schreiber developed kidney stones and started suffering from septic poisoning back in 2015, eventually requiring hospital treatment after losing consciousness.

Upon being moved to a hospital, his heart stopped briefly and he was resuscitated five times.

Iowa Department of Corrections

Once he stabilised, he was treated and then sent back to prison.

He tried to argue that his ‘life sentence’ had been served, also saying that he was resuscitated against his will, having signed a ‘do not resuscitate’ order some years before, according to the Des Moines Register.

Schreiber’s brother also told medical staff: “If he is in pain, you may give him something to ease the pain, but otherwise you are to let him pass.”

But the courts didn't agree with Schreiber, calling the murderer’s argument ‘unpersuasive and without merit’.

However, Schreiber was undeterred and took the case to the Iowa Court of Appeals.

According to the Court of Appeals, he said that because his life sentence had been fulfilled, he was 'imprisoned illegally and should be immediately released'.

But they didn't agree with him either.

Three judges deliberated over the case before eventually deciding against him.

Allan Swart/Alamy Stock Photo

Regarding their decision, Justice Amanda Potterfield said: “We do not believe the legislature intended this provision, which defines the sentences for the most serious class of felonies under Iowa law and imposes its ‘harshest penalty’... to set criminal defendants free whenever medical procedures during their incarceration lead to their resuscitation by medical professionals.”

She added: “Schreiber is either still alive, in which case he must remain in prison, or he is actually dead, in which case this appeal is moot."

CNN also reported that the court references Iowa state law under which anyone guilty of a class A felony must ‘spend the rest of their natural life in prison, regardless of how long that period of time ends up being or any events occurring before the defendant’s life ends’.

Schreiber died last month at Unity Point Medical Center in Fort Dodge ‘due to natural causes’.