Charges have been dropped against a foreign exchange student accused of helping her former host turned husband to molest her younger sister.
Miami Dade prosecutors decided Thursday to drop the case against Marta San Jose, 22, because her younger sister didn't want to return to the states to testify, according to an interoffice memo obtained by Oxygen.com.
Prosecutors met with the girls’ mother, who felt the younger sister had suffered enough, and shouldn’t have to be “subjected to the criminal justice system.”
San Jose and Dale Leary, 50, were charged with lewd and lascivious conduct with a child, and arrested last June.
San Jose didn't speak during her hearing, according to WPLG 10 in Miami.
San Jose came to live with the Learys when she was 16. When she turned 18, Leary divorced his wife Claudia and married San Jose, and brought San Jose's little sister, then 14, to live with them. Claudia, the memo said, kept on acting as if she was Leary’s wife.
Prosecutors can no longer try and convict Leary, because he killed himself on July 4, shortly after he was released on bond, according to the memo.
He attached a hose to the tailpipe of his vehicle behind his house. His ex-wife Claudia was also in the car, but she survived.
The memo paints a disturbing tale of what allegedly began in 2013, when San Jose came to live with the Learys. After her junior year, Leary travelled to Spain to convince San Jose's family to allow her to finish high school in Miami, and offered to pay for the costs.
After San Jose’s graduation, the younger sister came to visit. That’s when the abuse began. San Jose told her sister, in the presence of Leary, that they were both molested by their parents when they were very young. San Jose told her sister she didn’t remember because she was too young, the memo said. Leary offered to "examine" her vagina to prove it.
This led to more. San Jose and Leary started having sex in front of the girl, and then asked her to join in. San Jose told the girl “it would help her cope with being sexually assaulted by her parents,” according to the document.
At one point, Leary allegedly gave the young girl lots of alcohol and had her pose for photographs, wearing only high heels.
That’s not all.
When it came time for the younger sister to return, prosecutors say Leary helped the young girl write an affidavit stating her parents had sexually abused her. She handed it to a police officer in Spain and her parents were arrested, but the charges were dropped after the young girl admitted she was being coached, the memo said.
The girls’ mother, while admitting San Jose’s actions toward her sister were “grossly inappropriate,” said she believed the crimes only happened because Leary manipulated San Jose into doing them.
San Jose, the Miami Herald reported, has been out of jail since August and is getting therapy and trying to rebuild her relationship with her mother.
[Photo: Miami Dade County Sheriff's Office]
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