Judge Lifts Conditions of House Arrest in Foreign Exchange Student Sex Assault Case - NBC 6 South Florida

Judge Lifts Conditions of House Arrest in Foreign Exchange Student Sex Assault Case

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    Judge Lifts House Arrest in Foreign Exchange Sex Case

    Marta San Jose was placed on house arrest back in August, after she was sent to jail following allegations of lewd and lascivious behaviour with a 14-year-old girl.

    (Published Friday, Dec. 15, 2017)

    A former foreign exchange student who was arrested for allegedly molesting a teenage girl with her late husband appeared in a Miami-Dade courtroom Friday, covering her face with a folder as deliberations were made.

    Marta San Jose was placed on house arrest back in August, after she was sent to jail following allegations of lewd and lascivious behaviour with a 14-year-old girl. During the proceedings on Friday, San Jose’s attorney tried to convince the court to take San Jose off house arrest.

    “She has been on this ankle bracelet now for a significant period of time,” Defense Attorney Jorge Viera told the court.

    Prosecutors didn't agree with Viera, but left the final decision in the hands of Judge Milton Hirsch.

    San Jose and her late husband, Dale Leary, were arrested in June after the alleged sexual assault of the then 14-year-old girl, who was also a foreign exchange student from Spain. The victim 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 ex-wife – shortly before the alleged attacks.

    In July, police found Leary and his ex-wife, Claudia, in a car behind his Cutler Bay home. The pair were trying to poison themselves with carbon monoxide, police said. Leary died, but Claudia was hospitalized and later recovered.

    Viera claims San Jose was a victim of Leary’s and her mother says she’s a victim who was brainwashed into criminal behaviour. The state has yet to file formal charges in the case.

    On Friday, Judge Milton Hirsch decided to take the GPS bracelet off.

    “I’ll change it to pre-trial services at this time and I’ll require twice a week reports on that and I’ll take the gps bracelet off,” Hirsch said.

    The judge also set an alternate bond of $30 thousand in case San Jose violates the conditions of her release. She’ll be back in court at the end of next month for a possible plea deal.


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