Beaten NM baby had marijuana in system

September 21, 2011 • State News

SANTA FE, N.M. (AP) — A toxicology report says a 17-month-old girl allegedly beaten to death by a 24-year-old man just outside Espanola in March had marijuana in her bloodstream, and it probably wasn’t from [auth] secondhand smoke.

The Albuquerque Journal reports ( that BreAndra Pena tested positive for “the principle psychoactive ingredient of marijuana/hashish,” and the report says the principle ingredient “is usually not detectable after passive inhalation.”

The report concludes that the manner of the child’s death was a homicide.

Nathan Montoya was arrested in March and charged with child abuse resulting in Pena’s death at his girlfriend’s home outside of Espanola. Montoya has been convicted of molesting a teenager in the past.

Santa Fe attorney Michael Jones, Montoya’s lawyer, said he hadn’t seen the report and couldn’t comment on its findings.

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