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Toogood to Be Arraigned Today

Aired September 23, 2002 - 11:27   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


FREDRICKA WHITFIELD, CNN ANCHOR: In Indiana, a mother caught by a store surveillance camera striking her child repeatedly is making a court appearance today.
National Correspondent Gary Tuchman is in South Bend, Indiana for the arraignment. Hi there, Gary.

GARY TUCHMAN, CNN NATIONAL CORRESPONDENT: Fredricka, hello to you.

There was a large entourage walking down the street. It is a relatively rare sight here in the quiet streets of South Bend, Indiana. This was just a short time ago. In the entourage, the 25- year-old woman we have seen on the videotape beating her young daughter, Madelyne Toogood, walking with her attorney and family members as she gets ready for her arraignment.

Next to her, with that bottle in his hand, is her husband, Johnny Toogood. Other family members also following them.

The arraignment was originally scheduled for this morning, has now been brought to 2:30 Eastern time, 1:30 local time, so it will start in about three hours.

During the arraignment, which is only expected to last about 5 minutes, she will plead not guilty, but that is just a formality, which is a very relevant thing to mention, because she has told us, and her attorney has told us that they believe she is guilty, she admits doing what the charge is, which is felony battery.

However, in a court of law, if you plead guilty right away, you shut off the possibilities of any negotiation or plea bargain, and there will not be a trial in this case, because she has admitted her guilt.

There will be a plea bargain, her attorney hopes, and that's why they plead not guilty during this arraignment today.

And we have talked with Madelyne Toogood in a couple of interviews now. She tells us she is very upset that her child has been put in foster care with another family. She says she was aware she would not get the care of her own little child, Martha, 4 years old, for the time being, but she had hoped the child would be put with her husband Johnny, her mother, or her mother-in-law. Nevertheless, she says she is sorry about this, she is very ashamed, and embarrassed.

(BEGIN VIDEO CLIP)

MADELYNE TOOGOOD, DEFENDANT: The fact that my child might wake up in the middle of the night with a bad dream, and not be able to go to somebody's bed that she don't know, that is worse to me than anything else, that she can't go -- she is not going to feel comfortable to go to somebody and say, I am scared, I want to get in bed, or I'm thirsty, I want a drink.

She don't have her own blanket, she don't have none of her clothes yet, and the lady that took her, my husband said was real nice, and stayed at night -- I think she stayed with her that night, because she was so upset, which I appreciate very much. If that's -- I only get little details of it, because that is what happened, because she is going to be (ph) terrified.

(END VIDEO CLIP)

TUCHMAN: We don't want to lose sight of the most important part of this story, the little girl Martha, who will turn 5 years old on December 30, is in good condition. More medical results from testing should be released by the prosecution later today. Under the terms of the foster care agreement, Madelyne Toogood is allowed to visit her daughter once a day with supervision. She will get a chance to visit her daughter for the first time tomorrow, since she surrendered on Saturday.

One other thing we want to point out to you. Will there be a plea bargain, will there be any type of negotiation? Normally, when you have someone who is contrite, who apologizes, the prosecution considers that favorably for that defendant.

But in this case, you had a woman who was on the run for eight days before she surrendered, and also this is a very high profile case, so that could work against Madelyne Toogood when it comes to any type of negotiation.

Maximum penalty on this charge, three years in prison -- Fredricka, back to you.

WHITFIELD: Now Gary, Madelyne Toogood has two other children. What is the status of where those two kids will ultimately end up, or does it all depend on what this potential plea bargain might be?

TUCHMAN: Well, she has a 5-year-old son and 6-year-old son. She says her two sons get along real well with each other, but they all fight with the little girl, Martha. That is what she was telling us a short time ago. But she says they are three great kids. She wants them all together again. But right now, the two older kids, the sons, are still in the custody of her family, but as of now, Madelyne is not allowed to be with the two older boys. We may learn more about that, though, during the short arraignment which is scheduled to take place, as we said, in three hours.

WHITFIELD: All right. Very interesting. Thank you very much. Gary Tuchman from South Bend, Indiana. Thank you.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com






Aired September 23, 2002 - 11:27   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
FREDRICKA WHITFIELD, CNN ANCHOR: In Indiana, a mother caught by a store surveillance camera striking her child repeatedly is making a court appearance today.
National Correspondent Gary Tuchman is in South Bend, Indiana for the arraignment. Hi there, Gary.

GARY TUCHMAN, CNN NATIONAL CORRESPONDENT: Fredricka, hello to you.

There was a large entourage walking down the street. It is a relatively rare sight here in the quiet streets of South Bend, Indiana. This was just a short time ago. In the entourage, the 25- year-old woman we have seen on the videotape beating her young daughter, Madelyne Toogood, walking with her attorney and family members as she gets ready for her arraignment.

Next to her, with that bottle in his hand, is her husband, Johnny Toogood. Other family members also following them.

The arraignment was originally scheduled for this morning, has now been brought to 2:30 Eastern time, 1:30 local time, so it will start in about three hours.

During the arraignment, which is only expected to last about 5 minutes, she will plead not guilty, but that is just a formality, which is a very relevant thing to mention, because she has told us, and her attorney has told us that they believe she is guilty, she admits doing what the charge is, which is felony battery.

However, in a court of law, if you plead guilty right away, you shut off the possibilities of any negotiation or plea bargain, and there will not be a trial in this case, because she has admitted her guilt.

There will be a plea bargain, her attorney hopes, and that's why they plead not guilty during this arraignment today.

And we have talked with Madelyne Toogood in a couple of interviews now. She tells us she is very upset that her child has been put in foster care with another family. She says she was aware she would not get the care of her own little child, Martha, 4 years old, for the time being, but she had hoped the child would be put with her husband Johnny, her mother, or her mother-in-law. Nevertheless, she says she is sorry about this, she is very ashamed, and embarrassed.

(BEGIN VIDEO CLIP)

MADELYNE TOOGOOD, DEFENDANT: The fact that my child might wake up in the middle of the night with a bad dream, and not be able to go to somebody's bed that she don't know, that is worse to me than anything else, that she can't go -- she is not going to feel comfortable to go to somebody and say, I am scared, I want to get in bed, or I'm thirsty, I want a drink.

She don't have her own blanket, she don't have none of her clothes yet, and the lady that took her, my husband said was real nice, and stayed at night -- I think she stayed with her that night, because she was so upset, which I appreciate very much. If that's -- I only get little details of it, because that is what happened, because she is going to be (ph) terrified.

(END VIDEO CLIP)

TUCHMAN: We don't want to lose sight of the most important part of this story, the little girl Martha, who will turn 5 years old on December 30, is in good condition. More medical results from testing should be released by the prosecution later today. Under the terms of the foster care agreement, Madelyne Toogood is allowed to visit her daughter once a day with supervision. She will get a chance to visit her daughter for the first time tomorrow, since she surrendered on Saturday.

One other thing we want to point out to you. Will there be a plea bargain, will there be any type of negotiation? Normally, when you have someone who is contrite, who apologizes, the prosecution considers that favorably for that defendant.

But in this case, you had a woman who was on the run for eight days before she surrendered, and also this is a very high profile case, so that could work against Madelyne Toogood when it comes to any type of negotiation.

Maximum penalty on this charge, three years in prison -- Fredricka, back to you.

WHITFIELD: Now Gary, Madelyne Toogood has two other children. What is the status of where those two kids will ultimately end up, or does it all depend on what this potential plea bargain might be?

TUCHMAN: Well, she has a 5-year-old son and 6-year-old son. She says her two sons get along real well with each other, but they all fight with the little girl, Martha. That is what she was telling us a short time ago. But she says they are three great kids. She wants them all together again. But right now, the two older kids, the sons, are still in the custody of her family, but as of now, Madelyne is not allowed to be with the two older boys. We may learn more about that, though, during the short arraignment which is scheduled to take place, as we said, in three hours.

WHITFIELD: All right. Very interesting. Thank you very much. Gary Tuchman from South Bend, Indiana. Thank you.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com