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Arraignment postponed for woman accused of sexually abusing teen sister

Marta San Jose's husband committed suicide after posting bail, police say

MIAMI – A woman accused of sexually abusing her teenage sister with her husband at their Cutler Bay home appeared in court Thursday, where her arraignment was postponed.

Her attorney told Local 10 News reporter Liane Morejon after the postponement that his client was a victim in the case.

"The state is not ready to file charges," Jorge Vieira said.

Marta San Jose, 21, and her husband, Dale Leary, 50, were arrested June 22 on a series of child sex crime charges.

Authorities said San Jose came to the states from Spain as an exchange student when she was 16.

Police said she married Leary as soon as she turned 18 after he divorced his wife.

The couple is accused of sexually assaulting San Jose's teen sister, who also came to the U.S. from Spain as an exchange student.

Detectives said they took advantage of the girl, coercing her to participate in sexual acts with them multiple times.

Soon after Leary posted bond, he and his ex-wife, Claudia Leary, formed a suicide pact, authorities said.

Police said Dale Leary was pronounced dead at the scene, and Claudia Leary was taken to a hospital after the two were found unresponsive in a car.

Police said both Learys and San Jose lived together at the Cutler Bay home.

Prosecutors asked a Miami-Dade County judge on Thursday to keep Claudia Leary away from San Jose.


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