If convicted, Toogood could be sentenced to three years in prison. A not-guilty plea was entered on her behalf at her arraignment Monday, but Rosen has said she would like to make a plea bargain with prosecutors. The lawyer said he hopes Toogood will get a plea arrangement that will keep her out of jail and allow her to be with her child.
"Of course, with facts of the case the way they are now, I am hopeful that a plea bargain would be offered by the prosecution which would entail a probationary period, community service," Rosen said.
However, Rosen acknowledged that the videotape of Toogood could be practically insurmountable and that she would probably have to ask for the mercy of the court.
"We will probably enter a guilty plea and throw ourselves on the mercy of the court," Rosen said. "If a jury has to sit in judgment of this lady, the jury is going to come back with a guilty verdict … I'm confronted with a videotape that shows Attila the Hun, no question about it."
Meanwhile, in New Jersey, Monmouth County prosecutors have questioned a doctor who examined Martha at Toogood's request before the woman surrendered to authorities.
Toogood brought her daughter to see Dr. Jack Haberman in Bay Head, N.J., prosecutors said. The doctor agreed that the girl showed no sign of physical injury. Toogood then took photos of her daughter naked to document that Martha had not been abused, prosecutors said.
Authorities were alerted to the photos when Haberman took the photos to a pharmacy to be developed. Pharmacy workers, fearing they had stumbled on a case of child pornography, called police. No charges have been filed in connection with the photos.
The videotape, which was released to the media as authorities sought to find Toogood, shocked people around the nation. Since turning herself in, Toogood has been making public pleas for forgiveness.
On Monday, she told ABCNEWS' Good Morning America that she hit her daughter in the head and back, but did not punch Martha. She said she has no excuses for her actions.
"I slapped and pulled my daughter's hair," Toogood said. "There is no reason. There's nothing I can say that explains it, because it wasn't right.
"It's pretty much indescribable," Toogood said of the videotape showing her beating Martha.
Toogood's next court appearance is scheduled for Oct. 7.