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The War Profiteers - War Crimes,
Kidnappings, Torture and Big Money |
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August 17th,
2006 - Jury Finds Passaro Guilty |
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By Estes Thompson Associated Press August 17, 2006 Raleigh - A former CIA
contractor accused of severely beating an Afghan detainee with a flashlight
during questioning was found guilty Thursday of assault. The beaten detainee later
died, but David Passaro, 40, wasn't charged in his death. The federal jury
found him guilty after about 8 hours of deliberations of three counts of
simple assault and one count of assault resulting in serious bodily injury. Passaro faces up to 11 1/2
years in prison. No sentencing date was immediately set. Passaro was the first
American civilian to be charged with mistreating a detainee during the wars
in Iraq and Afghanistan. He was accused of beating Abdul Wali while the man
was being questioned in 2003 about rocket attacks on a remote base where
Passaro was stationed with U.S. and Afghan troops. He was impassive as the jury
verdict was read. After jurors left the courtroom, he stood up and quietly
extended his wrists so federal marshals could handcuff him. Members of Passaro's church
watched from the gallery as the verdict was read, and a retired minister
leading the small group from Flat Branch Presbyterian Church in Bunn Level
said they continue to support him. "David will be
strong," Bert Pitchford said. "He has good faith." Lawyers painted vastly
different pictures of the defendant during the trial. Prosecutor Jim Candelmo said
Passaro beat Wali "mercilessly for 48 hours before he died" as he
tried to get information about rocket attacks on the Asadabad base in remote
northeastern Afghanistan. "This is a
flashlight," Candelmo told the jury. "It is used by many of you and
me to illuminate a path in the darkness. ... He used it as a bludgeon. "Why is he hitting him?
To inflict pain to get him to talk." Defense lawyer Joe Gilbert
argued that Passaro tapped Wali with the flashlight. "Basically, Dave lost
the game of musical chairs," he said. "We wouldn't be here if this
terrorist hadn't died." Candelmo said fingerprints
from the flashlight batteries linked Passaro to the crime. Pathologists
testifying for the prosecution and the defense disagreed over whether photos
of Wali's body and testimony from guards show that the prisoner probably died
from beatings. Prosecutors had charged
Passaro with two counts of assault with a dangerous weapon with intent of
bodily harm, and two counts of assault resulting in serious bodily injury.
The jury instead convicted him of lesser charges, an option the judge offered
during jury instructions. Passaro was tried under a
provision of the USA Patriot Act, which allows charges against U.S. citizens
for crimes committed on land or facilities designated for use by the U.S.
government. External link: http://www.news14charlotte.com/content/top_stories/statewide_news/?SecID=332&ArID=125298 |