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CNN Live Today

Mom to Plead Not Guilty to Child Felony Battery

Aired September 23, 2002 - 13:00   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: We begin with a case that sparked debate about the punishment of children. That mom caught on tape striking her little girl will answer to felony battery charges in court today.
Our Gary Tuchman joins us live from South Bend, Indiana with more now -- Gary.

GARY TUCHMAN, CNN CORRESPONDENT: Kyra, hello to you.

We have seen her on a store surveillance tape for days now, but later today, we will see her in a court of law -- this building behind me to be exact.

Madelyne Toogood arrived at this court here in South Bend, Indiana about two hours ago. She was accompanied by her husband, by her sisters, by her attorneys and by her mother. Also, other family members joined them as they walked down the streets here in South Bend.

They originally thought the arraignment would be at 9:30 local time, which is 10:30 Eastern Time. Instead, it has been delayed until 2:30 Eastern Time, which is 1:30 local time, which means in about an hour-and-a-half, she will be arraigned on the charges of child battery, involving her 4-year-old daughter, Martha.

What's interesting is this case is it's very unlikely we will ever see a trial, and that's because of a legal tactic by her attorney. They have decided just to admit to these charges. She says she is guilty of what she has been charged with. The hope -- among her attorney, her family members, her other supporters -- is that prosecutors agree to a plea bargain down the road.

Now, we spent some time with Madelyne Toogood last night. She talked to us, and she says she is devastated by what she did to her child.

(BEGIN VIDEO CLIP)

MADELYNE GORMAN TOOGOOD, VIDEOTAPED MOTHER: 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's worse to me than anything else -- that she can't go -- she's not going to feel comfortable to go to somebody and say, "I'm scared, I want to get in bed," or "I'm thirty, 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 that -- and stayed the night with -- stayed -- I think she stayed with her that night, because she was so upset, which I appreciate very much. If that's how -- I don't -- I only get little details of it -- if that's what happened, because she's got to be terrified.

(END VIDEO CLIP)

TUCHMAN: Now, Madelyne Toogood claims that this is the first time she has ever attacked one of her children like this. She has three children.

So, I asked her, so do you think you were just unlucky to be caught on a video camera when you did you this? And she said, "Well, I have to think it's a good thing, because it has taught me a lesson, and maybe it will teach other people a lesson."

Now, you can be the judge of whether you believe that or not. But what is indisputable is that she will not argue about guilt or innocence in this case.

What she will argue about, though, is getting custody of her little daughter, Martha. Right now, Martha is in a foster home. She realized the child would be taken away from her temporarily, but she had wanted the state of Indiana to let her child live with her husband or her mother or her mother-in-law, and she will fight very hard to get her child back as soon as possible. Little Martha will be 5 years old December 30.

The most important news, authorities say she is in good condition.

Kyra -- back to you.

PHILLIPS: And that is good news. 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 - 13:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
KYRA PHILLIPS, CNN ANCHOR: We begin with a case that sparked debate about the punishment of children. That mom caught on tape striking her little girl will answer to felony battery charges in court today.
Our Gary Tuchman joins us live from South Bend, Indiana with more now -- Gary.

GARY TUCHMAN, CNN CORRESPONDENT: Kyra, hello to you.

We have seen her on a store surveillance tape for days now, but later today, we will see her in a court of law -- this building behind me to be exact.

Madelyne Toogood arrived at this court here in South Bend, Indiana about two hours ago. She was accompanied by her husband, by her sisters, by her attorneys and by her mother. Also, other family members joined them as they walked down the streets here in South Bend.

They originally thought the arraignment would be at 9:30 local time, which is 10:30 Eastern Time. Instead, it has been delayed until 2:30 Eastern Time, which is 1:30 local time, which means in about an hour-and-a-half, she will be arraigned on the charges of child battery, involving her 4-year-old daughter, Martha.

What's interesting is this case is it's very unlikely we will ever see a trial, and that's because of a legal tactic by her attorney. They have decided just to admit to these charges. She says she is guilty of what she has been charged with. The hope -- among her attorney, her family members, her other supporters -- is that prosecutors agree to a plea bargain down the road.

Now, we spent some time with Madelyne Toogood last night. She talked to us, and she says she is devastated by what she did to her child.

(BEGIN VIDEO CLIP)

MADELYNE GORMAN TOOGOOD, VIDEOTAPED MOTHER: 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's worse to me than anything else -- that she can't go -- she's not going to feel comfortable to go to somebody and say, "I'm scared, I want to get in bed," or "I'm thirty, 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 that -- and stayed the night with -- stayed -- I think she stayed with her that night, because she was so upset, which I appreciate very much. If that's how -- I don't -- I only get little details of it -- if that's what happened, because she's got to be terrified.

(END VIDEO CLIP)

TUCHMAN: Now, Madelyne Toogood claims that this is the first time she has ever attacked one of her children like this. She has three children.

So, I asked her, so do you think you were just unlucky to be caught on a video camera when you did you this? And she said, "Well, I have to think it's a good thing, because it has taught me a lesson, and maybe it will teach other people a lesson."

Now, you can be the judge of whether you believe that or not. But what is indisputable is that she will not argue about guilt or innocence in this case.

What she will argue about, though, is getting custody of her little daughter, Martha. Right now, Martha is in a foster home. She realized the child would be taken away from her temporarily, but she had wanted the state of Indiana to let her child live with her husband or her mother or her mother-in-law, and she will fight very hard to get her child back as soon as possible. Little Martha will be 5 years old December 30.

The most important news, authorities say she is in good condition.

Kyra -- back to you.

PHILLIPS: And that is good news. 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.