News & Observer | newsobserver.com | Passaro convicted of assaulting Afghan

David A. Passaro

Published: Aug 18, 2006 12:30 AM
Modified: Aug 18, 2006 05:29 AM

Passaro convicted of assaulting Afghan

The former CIA contractor, found guilty of beating a prisoner in Afghanistan, faces a term of two to 11.5 years

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WHAT LED TO THE BEATING

On June 18, 2003, Abdul Wali, a farmer in northeastern Afghanistan, surrendered to U.S. authorities at the urging of the local governor. Wali insisted he had nothing to do with rocket attacks on the base near Asadabad, but CIA officials had other intelligence. The governor sent Wali with his Afghan-American son to act as interpreter. The governor was called three days later to collect Wali's body.

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RALEIGH - A federal jury Thursday found former CIA contractor David Passaro guilty of beating an Afghan prisoner, the first time during this war the agency has seen one of its own convicted for harming a detainee.

The Afghan prisoner died on his fourth day in U.S. custody.

Passaro, 40, a former Special Forces soldier from Lillington, was convicted of one felony and three misdemeanor assault charges after an eight-day trial. He faces as little as two years in prison or as much as 11 1/2, experts say. His sentencing has not been scheduled.

Prosecutors said the verdict sent a message around the world that justice will be secured for anyone unjustly harmed in America's wars. But human rights advocates said the Justice Department was not as aggressive as it should have been.

The trial in Raleigh's federal courthouse was closely watched here and abroad by activists, legal experts and those in military and intelligence services. But the proceedings disclosed less about CIA interrogation tactics -- and the policies that authorized them -- than some had hoped.

"It was not really the fireworks case that a lot of folks thought it would be," said Scott Silliman, a Duke University law professor who heads the Center on Law, Ethics and National Security. "We saw nothing revealed about the CIA."

No CIA officials testified that Passaro was authorized to hit or kick Abdul Wali, whom Passaro was interrogating about rocket attacks on a remote military outpost. The only concession the defense secured was from Passaro's boss, a career CIA employee, who acknowledged that agency policy permitted force if the agent's safety was at risk.

Defense lawyers failed to get before the jury the Bush administration's "torture memo." The Geneva Conventions forbid physical or mental coercion of detainees. The 2002 Justice Department memorandum redefined torture as being only actions that cause organ failure, impairment of a bodily function or death.

"Passaro wanted to peel that onion to show he was serving the masters and their dictates," Silliman said.

In an e-mail message sent to CIA employees after the verdict, Director Michael Hayden wrote: "Passaro's actions were unlawful, reprehensible, and neither authorized nor condoned by the Agency. ... It is important for all of us to remember that his actions were totally inconsistent with the normal conduct of CIA officers and contractors, who reflect the core values of our nation and, day in and day out, are risking their lives to help keep all Americans safe."

The judge's rulings restricted Passaro's ability to present a sweeping defense. And Passaro opted not to take the stand. So the trial was reduced to a simple question: Did Passaro assault Wali?

7 hours sifting charges

On Wednesday and Thursday, the jury spent about seven hours considering whether Passaro was guilty of four felony assault counts for the beatings Wali suffered June 19 and 20, 2003. Wali, a farmer who had denied involvement in the rocket attacks, died the next day.

Prosecutors said that on the first night of Passaro's interrogation, Wali endured two kicks to the groin; blows on the hands, knees and shins with a 2-foot-long Maglite flashlight; and a jab in the abdomen with the same flashlight. A soldier testified that on the second night in the dark cell he could hear only noises that sounded like Passaro hitting Wali followed by cries of pain.

Jurors refused to find that Passaro used the Maglite and a heavy hand-held spotlight as weapons -- which would have been felonies. Instead, they found Passaro guilty of misdemeanor assault counts on each night.


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Staff writer Andrea Weigl can be reached at 829-4848 or aweigl@newsobserver.com.

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Staff writer Sarah Ovaska contributed to this report.
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