David Passaro - Court Case

Court Case

Passaro was charged on June 17, 2004. He was the first civilian to be charged in connection with in Iraq and Afghanistan and the first American charged under the USA Patriot Act, which extended the jurisdiction 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.