U.S. indicts CIA contractor in Afghanistan prison death

[Secret Squirrel]

WASHINGTON (CNN) -- A contractor working for the CIA has been indicted on charges stemming from the death of a prisoner at a prison in Afghanistan, Justice Department officials said.

It is the first time charges have been brought against a civilian since the reports of alleged prison abuse in Iraq and Afghanistan surfaced in the past few months.

The four-count indictment says the contractor, David Passaro, 38, beat an Afghan prisoner identified as Abdul Wali, who had surrendered voluntarily at the front gate of a U.S. detention facility near Asadabad in the northeastern Kunar Province on June 18, 2003.

The remote site, which had been under frequent rocket attack, is about five miles from the Pakistani border, where remnants of the Taliban and al Qaeda remain active.

A federal grand jury in Raleigh, North Carolina, returned the indictment, which includes two counts of assault causing serious injury and two counts of assault with a deadly weapon.

Each count carries a maximum penalty of 10 years in prison and a $250,000 fine upon conviction. Federal law allows civilian charges to be brought against U.S. citizens for crimes overseas if they are not under military jurisdiction.

After a brief court appearance Thursday, Passaro was ordered to remain in custody pending a detention hearing set for next Tuesday.

Attorney General John Ashcroft said at a Thursday news conference that Wali was suspected of participating in the attacks on the Asadabad base and that Passaro's job was to assist military personnel detain prisoners at the base.

While in custody, Wali was interrogated by Passaro about the rocket attacks, Ashcroft said.

"During these interrogations on June 19 and June 20, it is alleged that Passaro beat Wali repeatedly using his hands and feet and a large flashlight," Ashcroft said, quoting from the indictment.

"Abdul Wali died in a cell on Asadabad Base on June 21, 2003," the indictment says.

Passaro, a former U.S. Army Ranger, had arrived at the base at the beginning of June, a U.S. official said.

Ashcroft said the case would be fully investigated.

"President Bush has made it clear that the U.S. will not tolerate criminal acts of brutality such as those alleged in this indictment," he said in a prepared statement. "The types of illegal abuse detailed run counter to our values and our policies and are not representative of our men and women in the military and associated personnel serving honorably and admirably for the cause of freedom."

Passaro, of Lillington, North Carolina, was arrested Thursday morning at his workplace in Fayetteville.

Officials said Passaro was to have an initial appearance Thursday afternoon at the federal courthouse in Raleigh.

The Center for Constitutional Rights (CCR), a New York-based legal advocacy group, said it sent a letter to the Pentagon last year demanding an investigation into the death of Wali. The November 12 CCR letter also called for an investigation into the deaths of two Afghan detainees in U.S. custody at the Bagram military base in Afghanistan.

The CIA inspector general has referred several cases to the Justice Department for investigation.

A U.S. official said Thursday that Passaro had worked as a contractor for the CIA since December 2002.

CIA spokesman Mark Mansfield issued a statement saying, "We take allegations of wrongdoing very seriously, and it is important to bear in mind that CIA immediately reported these allegations to the agency's inspector general and the Department of Justice."

U.S. officials say there are a number of private contractors working for the CIA in Afghanistan and Iraq. They declined to say how many.

CNN National Security Correspondent David Ensor contributed to this report.

http://www.cnn.com/2004/LAW/06/17/afghan.indictment/index.html
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Just thought this was kind of interesting as it relates ONLY to the CIA using civilian contractors (and I mean ONLY THE CIA). *nods* CIA...Civilian...Contractors.

[American Patriot]

What the Christ...? Cut the man some slack, 10 years is too much.

[Trident-za]

What the Christ...? Cut the man some slack, 10 years is too much.

10 years is too much for beating someone to death? Are you kidding? Whats the "minimum sentence" for that sort of thing in the USA?

Yes, I know this guy was probably a "bad guy" - he gave himself up right? But damn, think of the consequences if an LA policeman beat a suspect to death in LA - after the suspect gave himself up.

Do we have different standards for different groups of people?

[Secret Squirrel]

What the Christ...? Cut the man some slack, 10 years is too much.

Come on, you should know how to read by now.

"A federal grand jury in Raleigh, North Carolina, returned the indictment, which includes two counts of assault causing serious injury and two counts of assault with a deadly weapon.

Each count carries a maximum penalty of 10 years in prison and a $250,000 fine upon conviction. Federal law allows civilian charges to be brought against U.S. citizens for crimes overseas if they are not under military jurisdiction."

Just incase, i'll spell it out a little further. Theres a total of 4 "counts" and each "count" carries a MAXIMUM penality of 10 years. Ok, so lets see...the prisoner in question surrendered voluntarily and the end result of this was he was beat to death. What kind of message does this send others terrorists/fighters/whatever who may have considered surrendering themselves?

[usa320]

That if your a terrorist youll get the **** beat out of you.

The dumbass fired rockets at our base... no one is throwing a **** fit about that...

:roll:

[mobster]

I can't believe this ****. They're at WAR, not in compton. When that bastard fired that rocket at them, all bets are off. If anything he shouldn't receive one day incarerated. 10 years my ass.

[Secret Squirrel]

That if your a terrorist youll get the **** beat out of you.

The dumbass fired rockets at our base... no one is throwing a **** fit about that...

:roll:

I see you suffer from the same afflication as Bush. "Attorney General John Ashcroft said at a Thursday news conference that Wali was SUSPECTED of participating in the attacks..."; suspected does not mean it was confirmed or that he personally fired rockets. Honestly, if you had fired rockets at a U.S base why would you surrender to the same thing you were attacking? Maybe part of his mindset for surrendering was to try and get a better life for himself (ie. he would get something out of providing intel or whatnot). Even you usa320 cant be dumb enough to think you can simply muscle your way through this war on terror. I assume you also realize the importance of a grass routes intel system. But this does send a message, and i agree with you, if you surrender then you'll "get the **** beat out of you" and possibly die. So, essentially, theres no point to surrender.

[Laconian]

The man is innocent until proven guilty beyond a reasonable doubt. As far as Federal penalties go, the charges carry that maximum sentence. However, the Federal sentencing guidelines will come into play IF he is convicted or pleads out. The guidelines will determine his final sentence and since he is a first time offender he is probably not looking at the max of ten years for each offense. Generally, Fed sentences for multiple counts run concurrent & not consecutive.

IF he did it, though he has to take the hit. We hold agents of the gov't (military, law enforcement, gov't contractors) to a higher standard & rightfully so, in my opinion.

[ariweiner]

The man is innocent until proven guilty beyond a reasonable doubt.
Don't you know that anyone opposing American hegemony is judged guilty till proven innocent? This is why most non-Americans detained by Americans are held without charge for years. It is a pity that most Americans seem to be too scared of the "terrorists" to be interested in following the norms of law and civilization.

[Secret Squirrel]

The man is innocent until proven guilty beyond a reasonable doubt.
Don't you know that anyone opposing American hegemony is judged guilty till proven innocent? This is why most non-Americans detained by Americans are held without charge for years. It is a pity that most Americans seem to be too scared of the "terrorists" to be interested in following the norms of law and civilization.

Laconian was refering to the CIA civilian contractor, not the prisoner.

[ariweiner]

Laconian was refering to the CIA civilian contractor, not the prisoner.
I know that ;) He would not be saying "innocent until proven guilty" to refer to a non-American.

[2RHPZ]

Passaro, a former U.S. Army Ranger, had arrived at the base at the beginning of June, a U.S. official said.

This is kinda different story on his history:


Thursday, June 17, 2004
Man accused in prisoner death was former Green Beret, police officer

By AARON BEARD
Associated Press Writer

LILLINGTON, N.C. - David Passaro, the CIA contractor charged in connection with the beating death of an Afghani prisoner, is a former Green Beret medic and Army Ranger who has worked for the last two years in a civilian job for the Army.
Passaro was arrested Thursday at Fort Bragg, where he worked as a civilian medical specialist in the Deputy Chief of Staff Surgeon's office at Special Operations Command, according to a statement by the command.
The statement said Passaro has been employed at Fort Bragg as a civilian since early 2002, but that he was on leave without pay at the time of his alleged actions in Afghanistan.
According to an indictment handed up by a Raleigh federal grand jury, Passaro asaaulted prisoner Abdul Wali in June 2003 at a U.S. detention facility in Asadabad, in the Kunar province of Afghanistan.
Wali died in his prison cell after Passaro beat him "using his hands and feet and a large flashlight," the indictment said.
Passaro is charged with two counts each of assault and assault with a dangerous weapon _ the flashlight. He faces a total of up to 40 years in prison, if convicted, and up to a $1 million fine. Federal law allows civilian charges to be brought against U.S. citizens for crimes overseas.
Passaro was being held without bond pending a detention hearing Tuesday in Raleigh federal court.
The indictment said Passaro was in Afghanistan "on behalf of the CIA, engaging in paramilitary activities."
Officials in Washington said Passaro was a former Army Ranger, while a statement from the U.S. Army Special Operations Command at Fort Bragg, where Passaro was a civilian employee, also described him as a former Special Forces medic.
Details of Passaro's military service were not immediately available.
Passaro lives in a rural area about 18 miles north of Fort Bragg. His home sits behind a locked gate; goats and horses roamed in the yard Thursday afternoon, as TV trucks parked on the road.
One neighbor expressed shock after learning of the charges against him.
"He was just an acquaintance. Any time we ever spoke, he seemed to be a really, really nice guy," said Diana Chrostowski, 48.
"I would have never thought that of him," she said of the charges. "To me, war is a dirty job. If he did do this, we just don't know what caused him to do this."
Others who live nearby told of run-ins with Passaro.
Theresa Smith, who lives across the dirt road from Passaro, said they had a falling out after her children and some neighbor's children rode a golf cart up and down the road and allegedly caused damage to Passaro's property.
"He kept to himself, I kept to myself," Smith said. "If I needed help, I wouldn't have went over there, just because of his temperament."
Passaro's next-door neighbor, Rebecca Rodriguez, said she had problems because her dogs kept digging under a fence and getting into Passaro's yard, frightening his horse.
After one incident with the dogs, Rodriguez said, someone fired a bullet through the window of her car. She suspected Passaro, and complained to the sheriff's department. He responded by complaining that her dogs had spooked his horse and caused the animal to injure itself.
Rodriguez said she settled the case in small claims court by paying a $400 veterinarian bill for the horse.
The Harnett County Sheriff's records department was closed late Thursday, as was civil court.
"I was so intimidated about him, if he was out in the yard, I wouldn't go out in my backyard," Rodriguez said.
In interviews with North Carolina TV stations, ex-wife Kerry Passaro said her former spouse "had his violent moments."
"He was in the Hartford (Conn.) Police Department and he got fired for beating a neighbor up off duty," Kerry Passaro said. "He was violent toward me throughout the marriage."
A spokeswoman for the Hartford Police Department, Nancy Mulroy, said Passaro graduated in 1990 from the city's police academy. Mulroy said Passaro was relieved of duty after he was arrested by state police before completing his probationary period. Further details of the arrest were not available.
North Carolina records show David and Kerry Passaro were divorced in February 2001, and that Passaro married Tamara Bond in March 2002.

[SOG]

Ok, so lets see...the prisoner in question surrendered voluntarily and the end result of this was he was beat to death.

where does it say in YOUR article he was beat to death? he prolly was but the article is cut horribly. crap ahck job/. leaves to much to the readers mind because journailst cant do thier jobs.

[American Patriot]

$1 million fine

Would this money go to the family of the victim? rofl

[Mr Gently Benevolent]

$1 million fine

Would this money go to the family of the victim? rofl
Why not? Consider this if a police officer beat you to death would your family expect recompense or should they be satisfied with nothing as you probably deserved to die anyway. :P

[SOG]

ah, much better cag147, that explains a few, nothin on you secret squirl, i just hate hack journalists.

[Secret Squirrel]

Ok, so lets see...the prisoner in question surrendered voluntarily and the end result of this was he was beat to death.

where does it say in YOUR article he was beat to death? he prolly was but the article is cut horribly. crap ahck job/. leaves to much to the readers mind because journailst cant do thier jobs.

I assume you read the entire article, including these parts..."A contractor working for the CIA has been indicted on charges stemming from the death of a prisoner at a prison in Afghanistan, Justice Department officials said."
"During these interrogations on June 19 and June 20, it is alleged that Passaro beat Wali repeatedly using his hands and feet and a large flashlight," Ashcroft said, quoting from the indictment.

"Abdul Wali died in a cell on Asadabad Base on June 21, 2003," the indictment says."

[SOG]

right, it said he was beat up, and a day later he died, but it doesnt say of what, and the guy who beat him isnt facing murder charges? wouldnt he be facing murder charges if he murdered someone? instead he is facing assault charges? again, it was a simple question, where does it say he was beat to death? again no blame on you, it was a hack journalist who simply cant do his job. i was wondering why you were saying that when the article you posted is very carefull in not stating how the man died.

[Laconian]

I've arrested bunches of non-Americans who have been charged, indicted & plead out or convicted or (very rarely) acquitted all within the scope of law. Everyone of them was innocent until proven guilty in the eyes of the law. It was the facts that made the case not their citizenship. All of those arrests have been made in the US, though so you must mean non-Americans arrested outside the US?

Also, the family of the victim would not get the money from a fine levelled as a result of a criminal prosecution. They would have to launch a separate civil case to get any compensation.

This will be an interesting case because both the assault and murder charges in Title 18 USC (sections 113 & 1111 respectively) only cover "within the special maritime and territorial jurisdiction of the United States." A lawyer may be able to make a good case on venue & standing...Just a thought...

[ßå$tĮТHÏ¿ð]

What the Christ...? Cut the man some slack, 10 years is too much.

So what your saying essentially is that if someone gets beat to death by an American contractor / soldier that they should be immune to prosecution? You need help man. If this happened in Texas he would've got life easily in prision, just because this happened in a foriegn country doesnt make him less innocent / less charges. :roll:

[Secret Squirrel]

This will be an interesting case because both the assault and murder charges in Title 18 USC (sections 113 & 1111 respectively) only cover "within the special maritime and territorial jurisdiction of the United States." A lawyer may be able to make a good case on venue & standing...Just a thought...

could he be tried under under MEJA; Military Extraterritorial Jurisdiction Act of 2000 (Public Law 106-778)?

[Laconian]

Its possible, but the last stuff I saw said DoD hadn't taken the admin steps (rewriting regulations?) to enforce MEJA. This may well be a test case. Also, I don't know if any other Americans, outside the coverage of the UCMJ, have been prosecuted for violating any of the Geneva Accords, which this person may have done...The Court will have to look at applicable definitions.

There are cases of Americans overseas getting turned over to the host nation for violations of the host nation's laws. I don't know if they would do that post-indictment...

[Secret Squirrel]

Its possible, but the last stuff I saw said DoD hadn't taken the admin steps (rewriting regulations?) to enforce MEJA. This may well be a test case. Also, I don't know if any other Americans, outside the coverage of the UCMJ, have been prosecuted for violating any of the Geneva Accords, which this person may have done...The Court will have to look at applicable definitions.

There are cases of Americans overseas getting turned over to the host nation for violations of the host nation's laws. I don't know if they would do that post-indictment...

If I recall correctly, as of June 2004, theres only one MEJA case has been filed, but not yet gone to trial, in federal court in Los Angeles. But I'm not sure if MEJA applies to people working with the CIA as I believe it was created to deal with civilian contractors after Dyn-Corp's actions in Bosina(?). What about The War Crimes Act of 1996 18 U.S.C. 2441 or The Torture Act of 2000 18 U.S.C. 2340, 2340A, and 2340B? Though I dont think anyone has ever been tried under these laws. But theres a first time for everything right? Regardless, it's going to be interesting to see what happens.

[2RHPZ]

There is some fresh news on Passaro case:


Posted on Sat, Jul. 10, 2004


Pretrial hearing sought in Afghan case

Prosecutors aim to protect intelligence

By Tim Whitmire

The Associated Press

CHARLOTTE, N.C. - Federal prosecutors worry that classified documents could become public during the trial of a CIA contractor charged in the beating of an Afghan prisoner who later died, and they want a hearing on the matter before any trial.

They also asked the court in a motion filed in federal court in Raleigh to bar defense attorneys for David Passaro from disclosing any classified information "except as is necessary during these proceedings."

Passaro faces four counts of assault and assault with a dangerous weapon - a large flashlight - on detainee Abdul Wali, 28.

Wali died June 21, 2003, at a U.S. base in the Afghan town of Asadabad. Passaro was interrogating Wali before his death, prosecutors say.

If convicted, Passaro faces up to 40 years in prison and a $1 million fine.

Passaro, a former Army Green Beret, worked as a CIA contractor in Afghanistan while on leave from a civilian job with the Fort Bragg-headquartered Special Operations Command.

He is being held without bail pending a trial tentatively scheduled for Aug. 2.

The prosecutors' 17-page motion was filed last month but was not made public until earlier this week.

In it, lead prosecutor Jim Candelmo wrote that prosecutors anticipate having to share with the defense documents from U.S. intelligence agencies, including the CIA, National Security Agency and Defense Intelligence Agency. Some of the documents could be classified, he said.

"The unauthorized disclosure and uncontrolled dissemination of information classified as 'Top Secret' or 'Sensitive Comparted Information' would cause exceptionally grave damage to the national security of the United States," Candelmo wrote.

The motion also cites concerns that defendants given access to sensitive documents can hurt the government "by threatening to reveal irrelevant but sensitive information during trial" and notes that the federal Classified Information Procedures Act requires the judge assigned to the case to review classified material before it can be used as evidence.

Three members of the 82nd Airborne Division will testify that Passaro beat Wali with a heavy metal flashlight 10 to 30 times and kicked him so hard he came off the ground, Candelmo has said.

A paratrooper will testify that when Passaro left the room to take a break during one interrogation session, Wali begged one of the paratroopers guarding him "to please shoot me before the defendant returned," Candelmo said at a court hearing last month.

In a motion filed last week, Passaro asked to have his personal checkbook - seized during a search of his girlfriend's house - returned to a friend who is an Army officer and has power of attorney for Passaro.

In the motion, Passaro's lawyers say he needs access to his checking account to pay his mortgage and other bills.

If returned, the motion says, Passaro would agree that all checks written would be recorded in the register and none would be made out to Passaro.

There was no indication whether the court had ruled on that motion.