Civilian Charged In Beating of Afghan Detainee

Sayed Fazl Akbar, speaking into his son's tape recorder, said he asked the Americans to hold off using military force to capture Wali, who he said "had been on the Americans' and the coalition force's most-wanted list for cooperating with terrorists or being a terrorist." Wali was deeply fearful of turning himself in to the Americans, said the elder Akbar, so Akbar sent his son to go with him "as a sign of trust."

Said Hyder Akbar: "So I took him to the Americans. And, like, they're asking him where he was 14 days ago on the night of the three rockets. And this guy, like, don't have calendars, you know? . . . I just put my hand on his shoulder and I let him know: 'Just say the truth. Nothing is going to happen if you just say the truth.' And he was absolutely petrified, and he could barely whisper the okay."

Three days later, Hyder Akbar and his father returned to Asadabad to check on Wali. A translator named Steve and another American named Dave sat down with them, according to Hyder Akbar, and said, "Unfortunately, Abdul Wali passed away." Hyder Akbar said: "My jaw dropped. It's like 'Oh, my God.' . . . They said that at 3:30, 4, he just collapsed and they tried to make him stand again. And he stood for a second, but then he fell again and then they did the whole routine with the CPR and they said no expenses were held, just like they would have treated an American life."

Hyder Akbar said the Americans told him Wali was well treated, but that he had "put rocks in his mouth," tried to break free of his shackles and "hit his head against the wall a couple of times." Akbar said he was taken to see the body and saw no marks on Wali.

"It's hard not to feel responsible," Akbar said. "Poor guy was only 28. He was just so scared."

Passaro trained as a police officer in Hartford, Conn., but was fired in 1990 during his probationary period after he was arrested by state police on an assault charge, according to Hartford police spokeswoman Nancy Mulroy. Passaro pleaded guilty to a lesser charge, she said.

Ashcroft said the Wali investigation has been slowed somewhat by the exigencies of war, classification issues and the dispersal of witnesses to other international locales.

Each of the four assault counts against Passaro is punishable by up to 10 years in prison.

Ashcroft said a team of prosecutors experienced in cases involving classified information and national security issues has been created to handle other cases of alleged prisoner abuse.