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Tuesday, August 23, 2016

The Casmine Aska Attempted Murder Case

     At 8:30 Friday night, February 1, 2013, residents of the Morris Heights section of The Bronx discovered a 9-year-old boy named Freddy Martin lying on the sidewalk in front of a 5-story apartment building. En route to the New York Presbyterian/Columbia Hospital, Freddy told paramedics that "Cas dragged me to the roof and threw me off. I don't know why."

     Suffering broken bones, head trauma, and internal bleeding, doctors put the boy into an induced coma, and placed him on life support.

     New York City detectives, later that Friday night, questioned 17-year-old Casmine Aska at the local precinct station. Casmine, a resident of the apartment building, initially denied being on the roof with Freddy. After further interrogation, the suspect admitted being on the roof when the boy fell off the building. "I grabbed Freddy around the legs," Aska said. "His feet were off the ground. I turned around. I slipped and Freddy fell."

     On Sunday, February 3, Casmine Aska was arraigned in a Bronx court on charges of attempted murder, assault, reckless endangerment, and endangering the welfare of a child. Assistant District Attorney Dahlia Olsher Tannen informed Judge Gerald Lebovits that Aska, as a juvenile, had been in trouble with the law. The prosecutor, who didn't elaborate, asked the judge not to grant the suspect bail.

     Kathryn Dyer, Aska's attorney, in making an argument for bail in this case, said, "This is not about attempted murder." Acknowledging that her client possessed a juvenile record, Dyer assured Judge Lebovits that Aska had "taken responsibility for his life." Defense attorney Dyer pointed out that Aska's favorite subject at Harry S. Truman High School was chemistry, that he attended weekly religious classes, and served food to the homeless.

     Judge Lebovits, apparently unimpressed by Aska's academic interests, religious activity, and community service, denied him bail. The judge's rationale: "Extraordinary risk of flight."

     A few weeks later, when questioned by detectives at the Riker's Island Jail, Aska, in explaining why after the boy's fall he went home and took a nap instead of calling 911, said, "I didn't call the NYPD because my brain froze. I was shivering, I was crying, I went to my aunt's..my whole world stopped."

     On February 15, 2013, when doctors took Freddy Martin off life support, the boy began breathing on his own. Questioned by detectives, he accused Aska, a kid who had been bullying him, of intentionally throwing him off the building.

     A month before Aska's September 2014 trial, the defendant agreed to plead guilty in return for a 40 year prison sentence. 

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