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Plea entered for woman taped beating childDefense attorney confident plea bargain can be reached
SOUTH BEND, Indiana (CNN) -- The prosecutor in the case of a woman caught on videotape striking her young child says he will "vigorously and aggressively" pursue prosecution despite the woman's appeals for forgiveness and her plea of not guilty. Madelyne Gorman Toogood, 25, was arraigned Monday on one charge of felony child battery as her relatives -- including her husband, her mother, father and sisters -- packed the courtroom. Her 4-year-old daughter, Martha, remains in foster care. The judge entered a plea of not guilty on her behalf in the two-minute hearing. The judge also set an October 7 status hearing for Toogood, who is free on $5,000 bail. A not guilty plea was also entered by Toogood's sister, Margaret Daley, who is charged with not reporting child abuse and hindering the investigation. Earlier, Toogood admitted to CNN's "American Morning" that she had smacked and shaken Martha and pulled her hair. Toogood said the girl had been acting up while they were shopping September 13 in Kohl's department store in Mishawaka. The beating occurred in the store's parking lot as they were preparing to leave. "There would be no excuse in the world why I did it," Toogood said. She said she "was horrified and sick to my stomach and mortified" when she saw the tape. "I know I hit Martha and I knew I pulled her hair and I shouldn't have did either of it," said Toogood. She said her daughter has been checked by two doctors and declared in good health. 'An act of great anger, great violence'Toogood's attorney, Steven Rosen, said the not guilty plea is "a formality" until he can determine how to handle the case. "I feel very confident that I can reach a plea bargain with the prosecutor for probation, as I have a very delightful client," he told CNN. "She's smart, she's intelligent, and she's just a tremendous mother." With proper counseling and parenting classes, Child Protective Services "will see that she can be a productive and loving and caring mother and that, at no time, could they ever believe or think that she may commit some type of act as she committed on that day," Rosen said. Saint Joseph's County Prosecutor Chris Toth did not appear persuaded. "It was an act of great anger, great violence," he told CNN's "Larry King Live." "We have to make sure that little Martha is safe, and that we do the right thing as prosecutors." He said investigators would check into Toogood's contention that she had never beaten any of her three children before. "We have a great concern, when an act like that is committed in public, what might have happened in private." Child Protective Services placed Martha with a foster family in St. Joseph's County until it could be determined whether a member of her own extended family could take care of her. Rosen said Martha would remain in foster care for at least three months. As a condition of bail, Toogood will be allowed only supervised visits with Martha. The first since her arrest will take place at noon Tuesday under the supervision of the Juvenile Correction Center. She won't be able to visit her two sons, ages 5 and 6, without supervision, and the two boys will live with their father. Though her husband is supporting her, the couple would be willing to separate if that means he can get custody of Martha, Toogood said Sunday in an earlier interview with CNN. "My hope is just to have Martha home, go to parenting classes, learn the right way to deal with it. I just want my life," she said. Toogood said she comes from a community called Irish Travelers, which is known for the itinerant lifestyles of its members. She said her husband does paving work, and the family travels around the country with him.
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