MIAMI (CBSMiami) - A woman accused of helping to lure her underage sister to the U.S., and taking part in sexual molestation, will be spared anticipated new felony charges.
Marta San Jose, 21, a former exchange student, is accused of helping her husband sexually abuse her little sister.
Arrested in June, the state delayed arraigning San Jose on felony charges. They seemed to agree, to an extent, with the her defense attorneys that she is a troubled young woman, a victim herself, and needs help.
"I'm grateful for the prosecutor for working with us for a solution in this case and I believe the solution is gonna be that charges are not gonna be filed in this case," said San Jose's defense attorney Jorge Viera.
San Jose and her sister's mother was in the court room for the hearing.
"You can imagine the mother is torn but she's here supporting her daughter," said defense attorney Jorge Viera.
After the hearing, San Jose was released on house arrest into care of her mother who came from Spain.
Her next hearing will be in September and Viera is hopeful that the other charges against her will be dropped.
Dale Leary, 50, and his then wife Claudia brought San Jose from Spain when she was sixteen. When she turned 18, Leary married her, divorced his wife Claudia.
The couple then brought San Jose's little sister, who was 14-years-old, to their Cutler Bay home from Spain. Leary and his young bride allegedly made the younger sister join in all manner of sex acts and pornographic taping.
In June, Leary and San Jose were arrested and charged . While Leary was formally arraigned on his charges, San Jose was not.
Released on bond, Leary killed himself in a car behind his home, using a hose attached to the exhaust pipe. Also in the car was Leary's ex-wife Claudia, who had continued to live in the house with Leary and his young bride for three years.
Police said both Dale and Claudia Leary left suicide notes in the July 4th attempted double suicide. The contents of the notes has not been revealed.
Claudia Leary survived the carbon monoxide and made a full recovery.
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