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Mother Caught on Tape Expected to Plead 'Not Guilty'

Aired September 23, 2002 - 12:05   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.


KYRA PHILLIPS, CNN ANCHOR: The mother caught on tape is expected to plead "not guilty" to charges that she beat her child, even though the incident was captured on video. Madelyne Toogood is seen leading her 4-year-old daughter, Martha, to their SUV, where the tape shows Toogood slapping and punching her repeatedly.
CNN national correspondent Gary Tuchman is covering the story for us. He joins us from South Bend, Indiana, with the latest from there -- Gary.

GARY TUCHMAN, CNN CORRESPONDENT; Kyra, hello to you. Madelyne Toogood is in the courthouse behind me here, getting ready for her first appearance in a court of law, regarding this child battery case. She was accompanied by an entourage of support as she arrived here at the courthouse about two hours ago for the arraignment which will begin at 2:30 Eastern Time, which is 1:30 local time. Accompanying her was her husband, her attorney, her mother, some sisters, and other family members. Her husband is the man next to her drinking out of the bottle there.

Now, currently, her little daughter Martha, the 4-year-old, who we saw in the video, is living with a foster family. Her medical condition is said to be good. Now despite the fact that the legal wheels are still spinning, it's unlikely there will be a trial, because of a unusual legal strategy a documented by her attorney.

We have been talking with Madelyne Toogood. She tells us she is guilty of the battery charge, and says she did exactly what authorities are saying. But says that she is ashamed, she's sorry, and we her when we talked to her last night if she had ever done anything like this before.

(BEGIN VIDEO CLIP)

MADELYNE GORMAN TOOGOOD, ACCUSED OF BEATING CHILD: I spanked them before. No, I've never battered them before or abused them before.

TUCHMAN: You call it battering and abusing yourself.

TOOGOOD: It looked like it, yes.

TUCHMAN: The fact is, you are saying that this is the first time you battered or abused a child, and it was caught on videotape. Do you consider yourself unlucky that you were caught?

TOOGOOD: Of course I do. There is 500 spots. That was the only spot in the whole thing, but maybe it is a blessing in disguise. It is ruined my life; maybe it will save some other child, some other mother from doing it to theirs. It is -- I can't walk outside. I'm monitored by everybody, and so hopefully, somebody will be educated enough to know don't raise your hand to your child, don't do it, it is not worth it.

(END VIDEOTAPE)

TUCHMAN: Now what Madelyne Toogood and her attorney are hoping for is that there is an agreement reached with prosecutors, a plea bargain agreement, and that is why they are saying they are sorry, and that is why they're admitting they're guilty right now.

But there are three things working against them. Number one, the nature of the attack. It is very violent. Number two, that it took so long for Madelyne Toogood to come forward. She didn't surrender until eight days later.

And number three -- and this is a very interesting issue -- her transiency. She doesn't live in one place. She is what she calls an Irish traveler. You may have heard that term before. We want to explain it to you, because it will come up in this case. Irish travelers are a group of several hundred Americans that are always going to new places. They don't have permanent addresses. They go where the work is. And there are a few hundred of them. They are a very insular community, and that is what she is, an Irish traveler, and that is working against her, because when you don't have a permanent address, sometimes authorities are wary about giving custody of your child back to you if they don't think they can find you.

She says, though, Madelyne Toogood, this works against, because she says there is prejudice against Irish travelers, she say, because her looks are different than other people. That's what she says, that she encounters prejudice, and she says when she was in the Kohl's department store here, she claims that the store opened up her bags. She had it double knotted. She says the store opened up her bag because they were suspicious of her, and she believed that's why the camera was pointing at her when she walked outside of the store.

And this is interesting, she says she believes, in the long run, it's a good thing the camera is pointing at her, because it has taught her a lesson, and maybe it will teach other parents a lesson too.

Kyra, back to you.

PHILLIPS: Gary Tuchman, 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 - 12:05   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
KYRA PHILLIPS, CNN ANCHOR: The mother caught on tape is expected to plead "not guilty" to charges that she beat her child, even though the incident was captured on video. Madelyne Toogood is seen leading her 4-year-old daughter, Martha, to their SUV, where the tape shows Toogood slapping and punching her repeatedly.
CNN national correspondent Gary Tuchman is covering the story for us. He joins us from South Bend, Indiana, with the latest from there -- Gary.

GARY TUCHMAN, CNN CORRESPONDENT; Kyra, hello to you. Madelyne Toogood is in the courthouse behind me here, getting ready for her first appearance in a court of law, regarding this child battery case. She was accompanied by an entourage of support as she arrived here at the courthouse about two hours ago for the arraignment which will begin at 2:30 Eastern Time, which is 1:30 local time. Accompanying her was her husband, her attorney, her mother, some sisters, and other family members. Her husband is the man next to her drinking out of the bottle there.

Now, currently, her little daughter Martha, the 4-year-old, who we saw in the video, is living with a foster family. Her medical condition is said to be good. Now despite the fact that the legal wheels are still spinning, it's unlikely there will be a trial, because of a unusual legal strategy a documented by her attorney.

We have been talking with Madelyne Toogood. She tells us she is guilty of the battery charge, and says she did exactly what authorities are saying. But says that she is ashamed, she's sorry, and we her when we talked to her last night if she had ever done anything like this before.

(BEGIN VIDEO CLIP)

MADELYNE GORMAN TOOGOOD, ACCUSED OF BEATING CHILD: I spanked them before. No, I've never battered them before or abused them before.

TUCHMAN: You call it battering and abusing yourself.

TOOGOOD: It looked like it, yes.

TUCHMAN: The fact is, you are saying that this is the first time you battered or abused a child, and it was caught on videotape. Do you consider yourself unlucky that you were caught?

TOOGOOD: Of course I do. There is 500 spots. That was the only spot in the whole thing, but maybe it is a blessing in disguise. It is ruined my life; maybe it will save some other child, some other mother from doing it to theirs. It is -- I can't walk outside. I'm monitored by everybody, and so hopefully, somebody will be educated enough to know don't raise your hand to your child, don't do it, it is not worth it.

(END VIDEOTAPE)

TUCHMAN: Now what Madelyne Toogood and her attorney are hoping for is that there is an agreement reached with prosecutors, a plea bargain agreement, and that is why they are saying they are sorry, and that is why they're admitting they're guilty right now.

But there are three things working against them. Number one, the nature of the attack. It is very violent. Number two, that it took so long for Madelyne Toogood to come forward. She didn't surrender until eight days later.

And number three -- and this is a very interesting issue -- her transiency. She doesn't live in one place. She is what she calls an Irish traveler. You may have heard that term before. We want to explain it to you, because it will come up in this case. Irish travelers are a group of several hundred Americans that are always going to new places. They don't have permanent addresses. They go where the work is. And there are a few hundred of them. They are a very insular community, and that is what she is, an Irish traveler, and that is working against her, because when you don't have a permanent address, sometimes authorities are wary about giving custody of your child back to you if they don't think they can find you.

She says, though, Madelyne Toogood, this works against, because she says there is prejudice against Irish travelers, she say, because her looks are different than other people. That's what she says, that she encounters prejudice, and she says when she was in the Kohl's department store here, she claims that the store opened up her bags. She had it double knotted. She says the store opened up her bag because they were suspicious of her, and she believed that's why the camera was pointing at her when she walked outside of the store.

And this is interesting, she says she believes, in the long run, it's a good thing the camera is pointing at her, because it has taught her a lesson, and maybe it will teach other parents a lesson too.

Kyra, back to you.

PHILLIPS: Gary Tuchman, 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