Prosecutors waiting to charge Marta San Jose until she undergoes psychiatric evaluation

San Jose, husband accused of molesting woman's teen sister

MIAMI – Prosecutors said Thursday that they are waiting for Marta San Jose to undergo a psychiatric evaluation before they formally charge her with molesting her teenage sister. 

"I have no objection to her going to a facility for treatment, which I think we both feel is necessary in this case, possibly necessary. This is the first step in getting that placement," prosecutor Jessie Friedman said.  

San Jose's defense attorney called for the evaluation and said he wants his client to be allowed to be with family while the case moves forward.

"I believe her mother is trying to see if there is anyway she can move here for a short term. I'll be helping her trying to find a residence," San Jose's attorney, Jorge Viera, said. 

The defense has argued that San Jose, 21, was brainwashed by her husband and that she too is a victim in the case. 

San Jose 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 and lived with Leary and his wife at their Cutler Bay home.

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.

The two were later found unresponsive in a car.

Police said Dale Leary was pronounced dead at the scene and Claudia Leary was taken to a hospital.

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

Prosecutors asked a Miami-Dade County judge earlier this month to keep Claudia Leary away from San Jose.

Records show that Dale Leary was convicted of sexual assault in the 1980s. It's unclear whether a background check was done on him by the student exchange program. 

"She's not only a victim of Dale Leary, a manipulator, but of this agency that brought her at the age of 16 to a person's house without checking his background. And if it weren't for them, she would never be in this situation," Viera said.  

San Jose's next court hearing is scheduled for Aug. 29.

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