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.
‘I was conned by my husband’ excuse holds for Spanish exchange student in Cutler Bay, Fla., sister-sponsored sex abuse case of a minor
Exchange student accused of molesting sister with host dad gets charges dropped
Marta San Jose switched from foreign exchange to host dad’s wife was accused of joining her husband in sexually molesting her 14-year-old sister
San Jose, 21, claims her husband Dale Leary, 50, brainwashed her and her defense lawyers asked a Miami judge to drop the case because San Jose was also a victim of Leary’s manipulation
Her mom claiming she had already “suffered enough,” decided not to subject her to taking part in a trial
She believes “these crimes only happened because Dale manipulated Marta into committing them”
She came to stay in Leary’s household as a 16-year-old Spanish foreign exchange student in 2012
He divorced his wife Claudia and married San Jose when she turned 18, two years later, still Claudia remained very much part of the couple’s life
San Jose had convinced her sister to let Leary conduct a “vaginal examination” on her when the 14-year-old came to visit – It lead to numerous alleged assaults by Leary
The couple had sex in front of the teen, had her participate in their amorous escapades and porno photo shoots
The couple was charged in June with lewd and lascivious behavior on a child, sexual performance with a child, contributing to the delinquency of a child
Leary killed himself by running a hose into his car at his Cutler Bay home July 4, 2017
Cops found Leary’s ex-wife Claudia Leary in the car with him, unresponsive, when they responded to the 911 call
Claudia was hospitalized and later recovered
Dale Leary [left], and Marta San Jose before he committed suicide
During her trial Marta San Jose claimed her husband Dale Leary, ‘conned her in to helping him’ sexually molest her 14-year-old sister
That led to Leary and San Jose performing other sex acts on the girl and taking lewd photographs of her, prosecutors said.
Marta San Jose had been charged in March with lewd and lascivious behavior for her alleged role in the case with the state offering the now 21-year-old a special program for first time offenders, which she rejected.
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.