The charges against Marta San Jose, 21, who was arrested along with student-sponsor Dale Leary on charges of lewd and lascivious conduct with a child, were dropped because her younger sister didn’t want to return to the United States to testify, the Miami Herald reports.

Prosecutors in Miami, Thursday, dropped the case against a Spanish foreign-exchange student, Marta San Jose, [wearing white jacket], who they believe helped her former host in Cutler Bay sexually abuse her own underage sister. Her mother was not desirous of prosecuting her own child after the death of David Leary

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Claiming she had already “suffered enough,” the girl’s mother decided not to subject her to taking part in a trial, especially since she believed “these crimes only happened because Dale manipulated Marta into committing them,” according to a prosecutor’s memo obtained by the newspaper.

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San Jose’s attorney, Jorge Viera, said outside of court Thursday that his client was clearly victimized by her late husband.
“My client’s legal nightmare is finally over,” Viera told NBC Miami. “She was manipulated over years, brainwashed over years and abused over years.”
Viera also criticized the student exchange agency that placed San Jose with Leary.
The reprieved woman has not decided whether to stay in Florida or to return to Spain, he said.
San Jose herself had come to America as an exchange student two years before from Spain who hosted San Jose and other teens in a foreign exchange program with his ex-wife, Claudia.
David went on to divorce Claudia and marry San Jose Leary as soon as she turned 18, which was shortly before the alleged attacks.
In July 4, 2017, police found Leary and his ex-wife, Claudia, in a car behind his Cutler Bay home.
The pair were trying to poison themselves with carbon monoxide, police said. Leary died, but Claudia was hospitalized and later recovered.