The lawyer for a Cutler Bay woman being held behind bars for alleged sexual assault on a teen girl is making the case that shouldn’t be facing charges – saying she was being manipulated by her now dead husband.
Marta San Jose went before a Miami judge again Thursday morning, accused of assaulting the then 14-year-old who came to America from Spain three years ago. San Jose herself was an exchange student from Spain, coming to Miami five years ago at the age of 16.
"She's afraid, she's nervous, she's never seen herself in this situation” said her attorney, Jorge Viera.
San Jose returned to South Florida and ended up marrying the man who hosted her, Dale Leary, when Leary divorced his wife Claudia after San Jose turned 18 in 2014.
"I’m trying to show the prosecutor that she should not be charged in this crime,” Viera said.
This past week, investigators say Dale Leary and his ex-wife tried to poison themselves with carbon monoxide. Dale Leary succeeded in committing suicide, but Claudia survived.
The judge ordered San Jose not to have contact with Claudia Leary, except through her attorney. She is expected back in court on July 27th.