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OPINION
Wednesday, March 26, 2008
Story last updated at 1:09 am on 3/26/2008
Letter: A Dying Wish

By: Chris Franco
San Diego

I am sure that you have received a good deal of correspondence regarding this particular prisoner and the current situation he is in. (Press & Dakotan, March 21) My apologies in advance if I have misunderstand his family's story or if the news reports are in any way erroneous or misleading.

In essence, what I have taken from this particular scenario is that it will undoubtedly do a GREAT deal of harm to your department from a public relations standpoint. Of course, the law is not enforced based upon public opinion and is not swayed by arguments of compassion and/or civility if the rules are clear and the conduct of those subject to the rules are clear violations.

However, if the law has one thing, it has exceptions to the rules, and in the interests of justice, the rules may be waived or set aside should a reasonable magistrate or administrator determine it to be so.

From what I have read regarding prisoner No. 18136-047, Jason Charles Yaeger, and his dying daughter's plea to have him near when she passes on, it stands to reason that such a plea would inevitably be considered "extraordinary" by at least one magistrate burdened with the responsibility of making such determinations. When the appellate process is not available after the denial of such a plea, the harmed party may have a due process claim.

Of course, federal prisoners do not enjoy all the benefits of the average American citizen because of their violation of a law. However, in the interests of justice, there are always exceptions.

This case is such an exception.

Not necessarily because justice would be served by granting Mr. Yaeger an early furlough, but because a severe INJUSTICE would be avoided.

Take up Mr. Yaeger on his offer to serve more time in exchange for this brief moment as he watches his daughter pass away.

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