A foreign exchange student from Spain who married her much older host in Miami has lashed out at a TV cameraman as she prepares to face charges for allegedly helping her husband abuse her underage sister before his suicide.
Marta San Jose, 21, faces felony counts of lewd and lascivious battery on a minor after rejecting a lenient plea deal for first offenders to complete counseling in exchange for dropped charges.
The Spaniard, who is free on bail, lashed out at a news cameraman on her way out of court in Miami on Friday, slapping his gear and snapping ‘What the f**k’ angrily as she pushed past him, the Miami Herald reported.
San Jose arrived in America in 2012, staying with Dale Leary and his wife Claudia. The couple secretly divorced and Leary married San Jose days after she turned 18, though all three continued to live together.
Marta San Jose (right) is seen leaving court in Miami on Friday shortly before snapping at a TV news cameraman and slapping his gear
San Jose arrived in America in 2012, staying with Dale Leary (together above). Leary secretly divorced his wife and married San Jose days after she turned 18
Leary (left) was found dead in a car in the backyard of his home in Cutler Bay on July 4. His death came after he was charged in the sexual abuse case of San Jose’s younger sister
Video courtesy of WSVN
Prosecutors say that San Jose helped Leary lure her 14-year-old sister from Spain and molest her. She claims she was brainwashed by the much older man.
On July 4, shortly after they were both arrested in the case, the 50-year-old Leary was found dead of an apparent suicide in a car behind his home.
San Jose appeared stony faced in court on Friday as prosecutors announced their intent to file charges.
She apparently declined entrance into what is known as the ‘Pretrial Intervention’ program, which would entail completing therapy before the case is dismissed.
The formal arraignment is set for next Friday and a date will be set aside for the trial.
San Jose’s attorney said he had filed a written plea of not guilty, and had waived her right to appear at the arraignment.
It remains to be seen whether the alleged victim, who is currently in Spain, agrees to testify for the prosecution against her sister.
Her testimony could be key to a successful prosecution against San Jose.
San Jose appeared stony faced on Friday as prosecutors announced their intent to file charges
Leary divorced his wife and married Marta San Jose, then 18, (above) in 2014. They met when she stayed at their home as a Spanish foreign exchange student in 2012
Police also found Leary’s ex-wife Claudia Leary in the car with him when they responded to a 911 call. She was taken to hospital but he was pronounced dead at the scene
The startling case drew national attention to foreign exchange student programs, with many questioning how Leary was able to host teenage females despite a prior rape conviction.
San Jose’s family was unaware of her marriage to Leary. Her parents had sent her 14-year-old sister to the US to accompany San Jose back home to Spain, according to police.
Police said San Jose manipulated her sister into believing that she may have been molested as a younger child.
‘Marta persuaded her sister to allow Dale to conduct a vaginal examination, claiming that Dale would be able to determine if she had been sexually assaulted,’ arrest records state.
‘The victim agreed to the examination and Dale digitally penetrated her vagina.’
Leary also allegedly made both sisters perform oral sex on him multiple times.
The victim also told police Leary made her remove her clothes and wear high heels while he took photos of her.
San Jose is seen in a prior court appearance. She claims Leary brainwashed her
Leary had been granted bail following a court appearance on the sex assault charges, but was being held under strict house arrest before he killed himself
San Jose’s lawyers have argued that the young woman was also a victim of Leary’s, saying: ‘She came at the age of 16, alone in this country, and was manipulated at such a young age by this man.
‘A girl who never even had a boyfriend before. This man took advantage of her, brainwashed her and manipulated her. She should not be a defendant.’
Leary and San Jose were both arrested in June on charges including lewd and lascivious behavior on a child, sexual performance with a child and contributing to the delinquency of a child.
However Leary died on July 4 after apparently flooding his car with exhaust fumes.
His ex-wife Claudia was also found in the car, but was rushed to the hospital and survived.