'I believe charges will not be filed in this case,' Marta San Jose's attorney says

San Jose, 21, accused of molesting younger sister after marrying 50-year-old man


MIAMI – A former high school exchange student accused of sexually abusing her teenage sister with her husband appeared in court on Tuesday.

Marta San Jose completed a medical evaluation, and now the state said it's deciding whether to pursue charges against the 21-year-old.

"Charges have not been filed," San Jose's attorney, Jorge Viera, said. "She's being allowed to go on house arrest, does not have to post the $150,000 bond originally issued. She is going to be with her mother. I'm grateful to the prosecutor, and I believe charges will not be filed in this case."

San Jose was arrested in June, along with her husband Dale Leary, 50, in connection with a bizarre student exchange sex case.

The two were accused of sexually assaulting San Jose's younger sister at their Cutler Bay home after San Jose turned 18 and married her foreign exchange student host.

Police said San Jose helped Leary lure the girl from her family in Spain.

Authorities said Leary committed suicide after bonding out of jail.

His ex-wife, Claudia Leary, also tried to kill herself but survived, police said.

Several notes were found at the Leary's house, suggesting the two wanted to talk to San Jose if she ever got out of jail.

Police are looking into whether Claudia Leary played a role in the sex abuse.


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