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Thursday, September 29, 2005

Judge grants delay in CIA contractor's trial

The Associated Press

RALEIGH, N.C. -- A federal judge has given each side in the prosecution of a CIA contractor accused of assaulting an Afghan detainee who later died two months to file more motions before starting a trial.
The decision by U.S. District Court Judge Terrence Boyle delayed the trial for David Passaro, which had been scheduled to start next week in Raleigh.

Boyle held a closed hearing Sept. 20 at which attorneys argued over the use of classified material in Passaro's defense. Prosecutors have said the defense shouldn't have access to the classified documents and the defense wants summaries or redacted copies.

The judge has previously ruled that the material wasn't relevant to Passaro's case, the first against a civilian under the Patriot Act.

Passaro, 39, of Lillington, is charged with assaulting Abdul Wali, who he was interrogating two years ago about rocket attacks on a remote U.S. base near Asadabad. A former Army Special Operations medical specialist, Passaro was on a leave while he contracted with the CIA.

The indictment said Passaro assaulted the detainee with a metal flashlight and his feet and hands. Prosecutors said paratroopers from the 82nd Airborne Division witnessed the alleged assault.

Defense lawyers contend Passaro was doing his duty and following orders.

After the closed hearing, Boyle unsealed motions filed by each side. Some case information remains sealed under a federal law titled the Classified Information Procedures Act of 1980.

Boyle denied a defense motion for access on Sept. 14, but the defense asked two days later that the judge require the government to describe the classified information. That request may have led to last week's closed hearing.

Passaro had been free on bail but was arrested in June when he was accused of assaulting his girlfriend.

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Information from: The News & Observer, http://www.newsobserver.com

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