David Passaro

From Wikipedia, the free encyclopedia

David Passaro

David Passaro (b. 1966) was a CIA contractor and former U.S. Army special operations soldier who was found guilty of two counts of misdemeanor assault and one count of felony assault with a dangerous weapon. He was charged in connection with the death in Afghanistan on June 21, 2003 of Abdul Wali an Afghan farmer. He is the first person connected with the CIA to have been convicted in a post-Sept. 11 abuse case.

According to the Los Angeles Times "he could face as much as 11½ years in prison, under federal sentencing guidelines he will probably serve from two to four years."^[1]

[edit] Court case

Passaro was charged on June 17, 2004. He was the first civilian to be charged in connection with prisoner abuse in Iraq and Afghanistan and the first American charged under the USA Patriot Act, which extended the jurisdiction of U.S. prosecutors overseas. His trial was held in the fourth district of North Carolina Federal court. The Prosecutor was U.S. Attorney Pat Sullivan. Passaro was represented by Federal Public Defender Thomas P. McNamara and Assistant Public Defender Joseph Gilbert,

Wali, wanted for questioning regarding rocket attacks, had turned himself in at a U.S. base in Afghanistan on June 18, 2003. He died three days later. Passaro is accused of beating Wali during interrogation while at least three paratroopers from the Army's 82nd Airborne Division watched.^[1] Witnesses said Passaro enthusiastically volunteered to interrogate Wali and became enraged when he wasn't able to answer questions.^[2]

According to the prosecutors, Wali while chained to the floor and wall of a cell was beaten by Passaro on the arms, wrists, knees and abdomen using a metal flashlight, closed fist and shod foot. Passaro also, on at least one occasion, kicked Wali in the groin." According to Reuters:^[3]Prosecutors also claimed Passaro kicked Wali so hard that the detainee was lifted off the ground and probably fractured his pelvis, making it impossible for him to urinate.

One method allegedly employed by Passaro was the use of a flashlight, flashed in the eyes to cause momentary blindness, then flipped to strike the victim. Passaro is accused of using the same battery technique on his 6-year-old step-son.^[4]

Early in the trial U.S. District Judge Terrence Boyle ruled the defense could not subpoena former CIA Director George Tenet, former agency operations chief J. Cofer Black, and University of California law professor John Yoo, along with several others whose identities were not disclosed.^[5]

During the trial much of the court record was placed under seal for security reasons and several agents testified in disguise using fictitious names.^[2] CIA Director Michael Hayden has stated "As abhorrent as this situation was, it is a fact that we, as an agency, did not sweep it under a rug," Hayden said. "We addressed it head-on and dealt with it swiftly." and called Passaro's actions "unlawful, reprehensible, and neither authorized nor condoned by the agency."

In March, 2006, Passaro was released on bond from Wake County jail to allow him to better prepare for his trial. Shortly after release he was charged with assaulting his girlfriend and returned to Wake County jail to await trial.

The jury which deliberated for about eight hours found Passaro guilty of three counts of simple assault and one count of assault resulting in serious bodily injury, lesser charges than prosecutors had sought. He originally faced 40 years in prison had he been convicted of two counts of assault with a dangerous weapon with intent of bodily harm, and two counts of assault resulting in serious bodily injury.His attorney have indicated they plan to appeal the case.^[2]

[edit] Background

In 1990, Passaro graduated from the police academy in Hartford, Connecticut. He was relieved of duty after he was arrested by state police. Passaro's ex-wife, Kerry, stated that he had assaulted a neighbor and was violent throughout their marriage. At the time of Wali's death, Passaro was on leave from a civilian Army medical job at Fort Bragg and performing contract work for the CIA.^[6]