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MIAMI (CBSMiami) – An attorney for a woman accused of luring her younger sister into sex acts is trying to convince the state that she is a victim, as well.

During a hearing on Thursday, the State Attorney’s Office said they were not ready to formally charge 21-year-old Marta San Jose as they continue to investigate the case. She was arrested earlier this month, along with her husband, 50-year-old Dale Leary.

Leary, who was released on house arrest, committed suicide last week.

San Jose first met Leary when she was 16 years old. When she came to the U.S. from Spain as part of an international educational exchange program, she stayed in his home. When she turned 18, Leary divorced his wife at the time, Claudia Leary, and married San Jose so she could stay in the U.S., according to the arrest report. All three continued to live in their Cutler Bay home.

Her family, unaware of the marriage, later sent her 14-year-old sister to accompany San Jose back home to Spain.

It was then that Leary and San Jose seduced her.

In the presence of Leary, San Jose told her 14-year-old sister that she had been sexually assaulted by their parents when she was very young. The teen sister replied saying she didn’t remember that, to which her older sister said she would have been too young to remember.

Her sister then told San Jose that Leary could examine her private parts and prove she was sexually assaulted, according to the police report.

The report goes on to say Leary put his hand down her pants to check and then told her she was not a virgin and that proved that she was sexually assaulted.

The teen later admitted to police she began to believe what her sister had told her.

A few days after that, the report states San Jose and Leary convinced her to perform sexual acts with them numerous times. The teen claimed her sister told her it would help her deal with being sexually assaulted by her parents.

Leary was not alone when he committed suicide. His ex-wife Claudia was next to him in the car and both had written suicide notes.

In court on Thursday, San Jose’s attorney seemed confident that she would not be charged.

“My client is a victim in this case I’ve been showing that to the State Attorney,” said Jorge Vivra.

In a twist, according to the State Attorney’s Office, Claudia Leary has been in contact with San Jose and is helping her case.

“Ms. Claudia Leary is supplying the defense attorney in this case for Ms. San Jose. I know that Ms. San Jose’s mother is here in the U.S. At this point she flew back for a second time. There are attempts to figure out a different situation because, I don’t know if the defense will be asking for it at some point, but we obviously would be objecting to Ms. San Jose going back to the home where her husband killed himself,” said an attorney for the State Attorney’s Office.

“Just because Ms. Leary has not been charged doesn’t mean she’s not under investigation at this point,” she added.

San Jose was originally arrested on numerous charges, including lewd and lascivious conduct, sexual performance with a child and engaging in a sexual act with a familial child.


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