A dying Lincoln girl's wish may soon come true according to her father.
Jayci Yaeger remains in a hospice in Lincoln. Her condition is worsening each day, but her final wish to have her imprisoned father by her side may be granted.
10/11's David Jespersen spoke with Jason Yaeger on the phone Wednesday. Jason said he is optimistic he will come home in time to be with Jayci.
The Yankton Federal Prison Camp would not allow a recorded interview, but on the phone he said the warden has agreed to help, and Jason is working with federal judges and attorneys to grant Jayci's wish.
For months, Jason Yaeger has been denied an extended leave from prison to be by his dying daughter's side. The bureau of prisons said his circumstance was not extraordinary.
Wednesday morning, Jason received hopeful news.
In a phone interview from prison, Jason said he spoke face to face with Warden J.D. Whitehead who expressed sympathy, saying he was sorry about the way things had turned out and he was now trying to help Jason get home.
Jason said he didn't know what the warden's help might mean, but an official with the bureau of prisons said the warden has agreed to expedite Jason's appeals.
Jason hopes it means he'll be home soon, but the bureau of prisons sent a letter explaining why he has been denied.
In it, they state the prison has already taken unusual steps to accommodate Yaeger including granting three escorted visits that they say are rare. The prison has also provided extra phone time above a 300 minute per month limit.
The letter also explains why the warden has denied an unescorted furlough, saying the driving factors were Yaeger's criminal history and the fact there are several people in Lincoln they believe Yaeger should be separated from.
And as for a compassionate release, they say extraordinary circumstances only extend to inmates suffering from life-threatening or terminal conditions or who are severely mentally or physically debilitated.
Jason said he is looking into several other options to get released including a presidential order and appeals to his sentencing Judge Richard Kopf.
He said he thinks that may be his best chance, saying "The judge says he would release me if the U.S. attorney said he won't appeal."
Tuesday U.S. Federal Public Defender John Vanderslice filed court documents to represent Yaeger. Jason said Vanderslice and Kopf were working with the U.S. attorney's office.
Time is of the essence, Jason said he speaks to Jayci twice a day, and her condition continues to deteriorate.
Jason admits he is a drug addict, and it's his fault he isn't with Jayci. But now he can make a difference and wants to be with his family, saying he's made a promise to Jayci and Shelby that he would never make the same mistakes again and he would never leave them.
Jayci is resting comfortably Wednesday and is still fighting, but has had several more small seizures.
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While we sympathize with his current situation, unfortunately many
inmates undergo personal hardships during their period of incarceration. In the case of Mr. Yaeger, the institution has taken unusual steps to be accommodating during this difficult time.
Based on concerns for community safety, most prisoners are not granted escorted visits with dying family members. The fact that Mr. Yaeger has been granted three escorted trips to visit his daughter is extraordinary.
He has also been provided the opportunity to place additional phone calls to his family, in addition to the regular limit of 300 minutes per month of phone calls.
After careful review of the security needs of the community and the
offender, the Warden determined that a furlough (unescorted stay in the community) is not a viable option. Several factors were considered when making this decision, however, among the most compelling factors are his criminal history and the fact that he has several individuals from whom we believe he should be separated who reside in that local area.
Additionally, you raised the question of compassionate release. The
BOP has no authority to vacate or modify a sentence of the court,
however the BOP has the authority to ask the sentencing court to reduce an inmate's term of imprisonment in extraordinary or compelling
circumstances. The BOP ordinarily only considers inmates suffering from life-threatening or terminal medical conditions, or who are severely and permanently mentally or physically debilitated.
Of course, the inmate can appeal any of these decisions through the
administrative remedy process.
Traci Billingsley
Chief Public Information Officer
202-514-6551
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