Miami Man Accused of Teaming with Wife to Sexually Abuse Teen Dead

Dale Leary, Marta San Jose

A Miami man is dead in an apparent suicide Tuesday after being accused along with his wife of sexually assaulting a 14-year-old, PEOPLE confirms.

Dale Leary, 50, and his second wife, Marta San Jose, 21, were arrested on June 22 for allegedly luring the 14-year-old from Spain to their Miami-area home in 2014 and sexually abusing her, a criminal complaint obtained by PEOPLE states.

San Jose had once been a teen exchange student of Leary’s, the complaint states.

According to the complaint, the pair allegedly coerced the teen — a relative of San Jose’s — into performing sex acts and taking part in pornographic photo shoots after getting her intoxicated with alcohol.

On Tuesday morning, a week after Leary, a marketing and tech executive, posted bail and was released from jail, authorities found him dead inside a car parked in the backyard of his home in Cutler Bay, a tony community in Miami-Dade County, Det. Argemis Colome of the Miami-Dade Police tells PEOPLE.

Police found a hose connected to the car, but do not yet know the official cause of death, says Colome.

Police also found Leary’s ex-wife, Claudia Leary, 47, a school administrator, unconscious in the car next to him, says Colome. She was taken to a local hospital and is in good condition and expected to recover, he says.

Investigators allegedly found apparent suicide notes, from both Dale Leary and Claudia Leary, near the car, says Colome, who adds that it’s unclear at this point why Claudia Leary was in the car.

Police received a 911 call from the home at about 7 a.m. Tuesday, he says.

“The person who called 911 was actually a friend,” says Colome. “We don’t know why he was there.”

Though Claudia Leary was never arrested in the alleged sexual assault case involving the teen, she is being questioned about it, he says. “Everybody involved is being investigated,” he says.

San Jose is still in jail, according to Colome. She and Leary had both pleaded not guilty to charges of lewd and lascivious conduct, sexual performance with a child and engaging in a sexual act with a familial child.


Leary’s Wife Was Teen Foreign Exchange Student

According to court records, San Jose came to live with Dale and Claudia Leary as a foreign exchange student in 2012, when she was 16. When she was 18, Dale Leary divorced Claudia Leary and married San Jose, according to court records.

In 2014, San Jose allegedly invited a relative to stay at Leary’s house, the criminal complaint states. The alleged victim told police that “everything appeared to be normal” when she first arrived, according to the criminal complaint.

But according to the complaint, the told police that in one of the first instances of alleged abuse, Leary put his hands down her pants “to prove she was sexually assaulted.”

San Jose and Leary then convinced the teen to perform sexual acts with them numerous times, the complaint alleges.

The teen also alleged Leary gave her “an unknown amount of alcoholic beverages” which made her intoxicated, before he instructed her to pose naked for photographs with his wife, the complaint states.

Court records show that Leary had been charged and convicted of indecent exposure, kidnapping and sexual battery in the 1980s, CBS Miami reports.

Calls to Claudia Leary and San Jose’s attorney were not immediately returned. Her lawyer, Jorge Viera, told the Sun Sentinel that he learned about Leary’s death on Tuesday and planned to tell her soon.