David Passaro
Encyclopedia
David Passaro is a former CIA contractor and U.S. Army Ranger who was charged with assault in connection with the June 21, 2003 death of Abdul Wali. Wali died in Afghanistan
Afghanistan
Afghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...

 while in the custody of the United States government for questioning. Passaro was found guilty of one count of felony assault with a dangerous weapon and three counts of misdemeanor assault. He was sentenced to serve 8 years and 4 months in prison. Passaro is the first person connected with the CIA to have been convicted in a post-Sept. 11 abuse case. ".

Said Akbar
Said Fazal Akbar
Said Fazal Akbar was the first Governor of Kunar province in Afghanistan after the fall of the Taliban in 2001. He was an ex-Mujahideen who was running a clothing store in Oakland, California when he was appointed Governor by President Hamid Karzai...

, governor of Kunar province
Kunar Province
Kunar is one of the 34 provinces of Afghanistan, located in the northeastern part of the country. Its capital is Asadabad. It is one of the four "N2KL" provinces...

, has stated that Wali's death became a tool for terrorist recruiting and "created a huge setback for Afghanistan's national reconciliation efforts."

Court case

Passaro was charged on June 17, 2004. He was the first civilian to be charged in connection with in Iraq
Iraq
Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....

 and Afghanistan
Afghanistan
Afghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...

 and the first American charged under the USA Patriot Act, which extended the jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...

 of U.S. federal courts to include certain violations of the law committed by military contractors overseas. Wali had voluntarily turned himself in at a U.S. military base in Afghanistan on June 13, 2003 after learning that he was wanted for questioning in connections with rocket attacks against the base.

During the trial, much of the court record was placed under seal for security reasons and several agents testified in disguise using fictitious names.

Prosecutors charged that Passaro ordered soldiers not to allow Wali to sleep, limited his access to food and water and subjected him to two consecutive nights of interrogation and beatings. Witnesses testified that during one session Passaro, while wearing combat boots, kicked Wali in the groin hard enough to lift him off the ground, threw Wali to the ground, beat Wali on the arms and legs with a heavy Maglite flashlight, and that Passaro also vigorously thrust a flashlight into Wali's abdomen. After the second night of beatings, Wali begged the soldiers to kill him and moaned a phrase that meant, "I'm dying." Wali died on his fourth day in custody. He repeatedly denied any involvement in the rocket attacks.

Outcome

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 up to 40 years in prison, but was sentenced to fewer than 8 years. Passaro's conviction was upheld on August 10, 2009, and his sentence was increased to 8 years and 4 months of incarceration.

Background

In 1984, Passaro graduated from Tolland High School
Tolland High School
-Overview:In 1969 Tolland High School opened as the first all electric High School in the state of Connecticut. In it's first year there were only 3 grades 9th, 10th and 11th.Tolland High School now serves students in 9th through 12th grades...

 in Tolland, Connecticut
Tolland, Connecticut
Tolland is a town in Tolland County, Connecticut, United States. The population was 13,146 at the 2000 census.Tolland was named in May, 1715, and incorporated in May, 1722. According to some, the town derives its name from being a toll station on the old road between Boston and New York. ...

. In 1990, Passaro graduated from the police academy in Hartford, Connecticut
Hartford, Connecticut
Hartford is the capital of the U.S. state of Connecticut. The seat of Hartford County until Connecticut disbanded county government in 1960, it is the second most populous city on New England's largest river, the Connecticut River. As of the 2010 Census, Hartford's population was 124,775, making...

. At the time of his arrest, Passaro was on leave from a civilian Army medical job at Fort Bragg
Fort Bragg, North Carolina
Fort Bragg is a major United States Army installation, in Cumberland and Hoke counties, North Carolina, U.S., mostly in Fayetteville but also partly in the town of Spring Lake. It was also a census-designated place in the 2010 census and had a population of 39,457. The fort is named for Confederate...

and performing contract work for the CIA.
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