Baby not sexually abused; home where she was killed burned

March 12, 2011

new developments today in the case of a dead 17- month-old. the d-a's office tells us the office of the medical investigator did "not" find any signs ofsexual abuse" on breandra pena's body. investigators and medical personnel may have misinterpreted some conditions on the espanola child's body as sexual abuse when the case was first reported. now to the second big development in the case -- investigators now believe someone torched the home where baby breandra was killed. and they say it could be retaliation. gadi schwartz has been in espanola all day long. he's live in espanola with what we've learned? twice this week this home has been a crime scene. first in the death of a 17 month old baby believed to be sexually abused now in a case of arson. the fire marshals office has been here all day long- we are told that some type of accelerant- possibly gas- was poured inside the house. we are also hearing that there are at least 3 places in the house that may have been set on fire. the sheriff says they are obvious signs of arson. some of the burn patterns initially and short of that i think we are going to have to wait till the state fire marshall comes back with conclusive information. no one was home when the fire was set. as for who did this- sheriff tommy rodella is not releasing much information saying they are tracking down leads. but we have been told by individuals close to the investigation that this may be retaliation against the godmother of the baby that was found abused- she cooperated with the investigation to her boyfriend --nathan montoya in the baby's death this week. deputies say the godmother was not home at the time of the alleged abuse