Ex-CIA contractor found guilty of assaulting Afghan detainee who later died

(AP) The first American civilian charged with mistreating a detainee during the wars in Iraq and Afghanistan was convicted Thursday of assaulting an Afghan man who later died.

Prosecutors said the verdict against former CIA contract worker David Passaro sets a precedent for bringing others accused of such wrongdoing overseas back to the U.S. to stand trial. Human-rights advocates, however, noted that no other U.S. civilian has been charged publicly with abusing detainees in the two years since Passaro's arrest.

After about eight hours of deliberations, a federal jury 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 faces up to 11 1/2 years in prison, and no sentencing date was immediately set.

Passaro, 40, 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.

"Dave was disappointed in the verdict. We're going to keep on fighting," said defense lawyer Joe Gilbert.

The former Special Forces medic from Lillington was working for the CIA as a contract worker in June 2003 when, prosecutors said, he beat Abdul Wali during two days of questioning about rocket attacks on a remote base where Passaro was stationed with U.S. and Afghan troops. Wali died, but Passaro was not charged in his death.

Witnesses said Passaro enthusiastically volunteered to interrogate Wali and became enraged when he wasn't able to answer questions. Several said they saw Passaro beat Wali with a metal flashlight and his fists, and repeatedly kicked him in the groin, as he questioned the man in a dark and hot mud-walled cell at the base in mountainous northeastern Afghanistan.

"This is a flashlight," Assistant U.S. Attorney Jim Candelmo told the jury during his closing argument. "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."

The defense disputed prosecutors' contention that Wali was severely beaten and said Passaro was being scapegoated for the man's death.

"Basically, Dave lost the game of musical chairs," lawyer Joe Gilbert said. "We wouldn't be here if this terrorist hadn't died."

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."

Passaro could have received 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.

Passaro was tried under a provision of the USA Patriot Act that allows charges against U.S. citizens for crimes committed on land or facilities designated for use by the U.S. government. Should there be other American civilians accused of similar crimes, they can be tried in the same way, acting U.S. Attorney George Holding said.

"The assault took place 8,000 miles away from here," Holding said. "The person assaulted was an Afghan farmer. ... But because it was done at a U.S. base with an American flag flying over it, that victim found a little bit of justice here today."

Duke university law professor Scott Silliman said the verdict "sends no more significant message than to tell other federal prosecutors that the Patriot Act extension is another prosecutorial option they can use."

But Silliman and others said the secretive nature of the CIA's work overseas makes it hard to tell whether similar cases will follow. In Passaro's case, much of the court record was placed under seal for security reasons and several agents testified in disguise using fictitious names.

"We don't know of any more that are in the pipeline," said Priti Patel, an attorney with New York-based Human Rights First. "We don't think the U.S. has adequately held accountable those involved in abusing and if the government is serious about ending abuses in its custody, it needs to hold those involved in abuse accountable."

But CIA Director Michael Hayden, in an e-mail to agency personnel that was also sent to reporters, said the agency's internal, independent watchdog opened an investigation and referred the issue to the Justice Department after the allegations against Passaro were discovered in 2003.

"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."

Hayden called Passaro's actions "unlawful, reprehensible, and neither authorized nor condoned by the agency."

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Associated Press Writer Katherine Shrader in Washington contributed to this report.