A Cutler Bay woman who was arrested as part of the alleged sexual assault of a teen girl with her late husband will remain out of jail while prosecutors decide if she will be charged in the case.
Marta San Jose appeared in a Miami-Dade courtroom Tuesday, where she was placed on house arrest until her next court date in September. San Jose will be required to wear a GPS ankle monitor while out of jail.
San Jose, whose mother attended the hearing, claims she's a victim and was brainwashed into criminal behavior.
"They're living together, they're going to be staying together, and she, they're going to be receiving therapy together," said Jorge Viera, San Jose's attorney. "She's going to be staying here, she's going to be living with her daughter and helping her daughter through this very serious situation."
Police arrested San Jose and her husband, Dale Leary, in June after the two allegedly assaulted a then 14-year-old girl who had come to the United States from Spain in 2014.
San Jose herself had come to America as an exchange student two years before and married Leary – who hosted San Jose and other teens in a foreign exchange program with his wife before divorcing her – shortly before the alleged attacks.
Leary and his ex-wife, Claudia, were found in a car located behind the Cutler Bay home in July trying to poison themselves with carbon monoxide, police said. Dale Leary died while Claudia was hospitalized and later recovered.
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"I am hopeful and I'm confident that if we go through this process that the state will not file charges," Viera said.
