The South Bend Tribune from South Bend, Indiana • 27

THURSDAY, OCTOBER 10, 2002 HOMETOWN Sculptors work Is art of emotions. Page D7 SECTION Edltort Virginia Block (574) 235-6321; vblacksbtlnfo.com r.iETRO EDITION SOUTH BEND TRIBUNE to live with To mom By MARTI GOODLAD HEUNE Tribune Stuff Writer County that meets the criteria of the Office of Family and Children for her to become a temporary foster parent. Hains asked Nemeth to award custody of Martha to her grandmother after attorney Michael Gotsch, who represents the Office of Family and Children, told the judge he was not yet in a position to recommend custody go to the grandmother. Gotsch indicated that Gorman had passed a criminal background check and a home visit but that he was still waiting on cliild protective service agency checks from about 15 states. Gotsch had heard from about 10 or 12 of the 27 states he needed to check because of the familys lifestyle as Irish Travellers, who travel around the country to do seasonal work.

In court, caseworker Christine Beckman said she believed the grandmother was an appropriate choice to take care of the little girl. She said Madelynes mother was upset with her daughters actions and that Martha is very attached to her with her parents. Martha was in the St Joseph County home of her grandmother, Mary Agnes Gorman, before the end of the day Wednesday. The transfer occurred when the Toogoods had their weekly supervised visit with their daughter. Martha could remain in her grandmothers care six to 12 months.

Martha was taken into custody by Child Protective Services and placed into a foster home Sept. 21 when her mother turned herself in on a felony charge of child battery Authorities took Martha into protective custody so she could undergo a medical examination to determine whether she had been injured Sept. 13. That is when a security camera videotape captured Toogood apparently striking her daughter and pulling her hair in a Mishawaka department store parking lot. The child was found to have no injuries from the incident, officials reported.

Toogood is due next in court on the criminal case Dec 6, the deadline for a plea agreement. On Wednesday, Nemeth asked Madelyne and Johnny Toogood to respond to the petition filed Monday by the Office of Family and Children that Martha is a child in need of services. Hains said the parents admitted the allegations and will work with the Office of Family and Children to complete the necessary requirements so the family can be reunited. The petition states that Martha suffered physical and emotional distress on Sept 13, the day her mother was seen hitting the girt and pulling her hair. The document also notes that for a time, the family left the area and hid the child.

After Toogood returned to St. Joseph County, she disclosed that she had gone first to Maryland to see her mother and then to New Jersey, where she has other relatives. Since then, Toogoods mother has moved here and established a home in St. Joseph SOUTH BEND Madelyne Toogood was given a present for her 26th birthday Wednesday from St. Joseph Probate Judge Peter J.

Nemeth, although he may have been unaware of the occasion. Nemeth awarded temporary custody of Madelyne and Johnny Toogoods 4-year-old daughter, Martha, to Toogoods mother during a hearing at the Frederick Juvenile Justice Center. Happiness and relief were obvious on Madelyne Toogoods smiling face as she left court with her husband. Neither one made any comment. But the result was what the couple and their lawyers had been working toward for 2 14 weeks.

They are very happy," said Fred Ha ins of South Bend, the Toogoods lawyer for the proceedings. "Its been traumatic. Its hard for the child to understand why she cant be Justice Center after St Joseph Probate Judge Peter J. Nemeth (panted temporaty custody of her 4-year-old daughter to foogoocTo mothei The chid had been in a foster home. Se TOOGOODPage D3 Anthrax attack of 2001 yielded costly lessons By DAVID RUM3ACH Tribune Staff Writer grade anthrax passed through the facility on Oct 12, three days before it would be opened by a staff member in the office of U.S.

Sen. Tom Daschle, she said. One mail handler was reported to have anthrax on Oct. 21, and three more cases among postal workers were reported over the next three days. Tiny anthrax spores apparently leaked through the envelope on its way through postal sorting equipment and were resuspended in the air by high-pressure air hoses used to clean the equipment There was not information about that possibility prior to the event, she said during an annual update on infectious diseases at Memorial Hospital The new knowledge has come at a high price.

Out of 10,000 people in See ANTHRAXPage D2 SOUTH BEND Scientists with the Centers for Disease Control know a lot more than they did a year ago about what happens when Weapons-grade anthrax is sent through the mail, a CDC official told local doctors Wednesday As the unprecedented bioterrorism attacks unfolded in October 2001, scientists relied largely on research by the Department of Defense in the 1950s and 1960s, CDC epidemiologist Dr. Ellen Whitney said. But that research, done as part of the U.S. government Vewn biological weapons program, did not prepare them for what would happen in the huge postal handling facility in Brentwood, NJ. A letter containing weapons- COrr.TENTAnyNANCY J.

SUU0K Tnbune Photos'SHAYW BRESUN Members of the Survivor of Homicide support group, for families who have lost relatives in homicides, spoke in support of the Cold Case Unit at the St Joeeph County Special Crimes Unit Momentum is growing for Downtown South Bend Inc. Hot debate over cold cases By LINDA MULLEN Tribune Staff Writer When youre alone And life Is making you lonely, You can always go i Downtown, When you've got worries All the noise and the hurry Seems to help, I know Downtown. Petula Clark sang about the virtues of downtown more than 30 years ago. At the time, downtown South Bend was the place to go for shopping, movies, dining and entertainment Im old enough to remember buying knickknacks at Inwoods and 45 rpm records at Kresges. Penneys was the store for school clothes.

Robertsons Tea Room was where we went for lunch when we wanted to feel sophisticated. We went to movies at the Granada, then stopped at the Philadelphia for ice cream. When I got sick, I went to see Dr. Filipek in the Odd Fellows Building. That was downtown before the irtalls.

Downtown has been an integral part of my life for more than a half century My family evenhved downtown, on West Wayne Street, when I was born. I feel rooted here. For the past 30 years, I have been coming downtown almost every day to work, to dine and to be entertained. That is why I was curious about the latest effort to promote the center of the city A standing-room-only crowd filled the auditorium Wednesday morning at the College Football Hall of Fame to hear about Downtown South Bend Inc. DTSB, as it is known, is a non-profit organization that was born on Jan.

1. See SULOKPage D4 Navy Reserves and the arrest was made by U.S. Customs in California, when Pelley was returning from an overseas business trip. The charges against Pelley were signed by Deputy Prosecutor Ellen Corcella. Swanson and investigator Craig Whitfield were in Florida at that time, continuing the investigation.

Swanson said the Cold Case Squad was able to find witness testimony that wasnt documented from the initial investigation. Theres no new physical evidence, but new testimony has come forward because we kept stirring it up, he said. Pelley, 30, is accused of killing four members of his family as a teen-ager in 1989: his father; the Rev. Robert Pelley; his stepmother; Dawn Pelley, and his two stepsisters, Janel and Jolene Pelley all in the Lakeville parsonage where they Clark said the arrest of Jeff Pelley was motivated by the horrendous details of the crimes. Politically motivated? Heres our motivation, he said as he pulled a blown-up color Wednesday.

Mike Swanson, commander of the Special Crimes Unit, took itastep furtive "Should we stop working in January because ifs an election year? Clark and Swanson were outraged by a letter published Tuesday written by Brent Hemmerlein, a retired South Bend police officer. Hemmerlein wrote about Toth, Criminal cases involving drugs and violent offenders continue to sit in his office for months while the politically motivated arrest of Jeff Pelley takes center stage. Special Crimes continues to investigate homicides without refresher courses on the Constitution or Criminal Investigations 101, Hemmerlein wrote. Swanson responded angrily Wednesday Chris Toth should not be accused of politics. He had nothing to do with (the timing of Pelleys arrest).

Swansons department had been investigating the Pelley case for two years, he said. In fact, at the time of Pelleys arrest, Toth was serving time with the SOUTH BEND After Jeff Pel-ley was arrested in August for the 1989 murders of his family, Pelleys defense attorney was the first to call the timing of the arrest poUtical. Why now? Why Jeff? Los Angeles attorney Alan Baum asked shortly after Pelleys arrest There may be political overtones." St Joseph County Special Crimes Unit and Cold Case Squad officers were offended by the accusation but kept silent figuring it was a defense attorneys tactic. But now that a few letters have been published in The Tribune suggesting that the Pelley arrest was politically motivated to support Prosecutor Chris Toths bid for re-election, investigators are speaking up. Do we give Jeff Pelley another day of freedom because theres an election? Cold Case Commander Jim Clark asked rhetorically on Connie Soto, spokeswoman for the Survivors of Homicide support said attempts to make the Cold Case Squad a political point in the campaign for prosecutors is (tsheartenfog.

photo from a box of photograph from the Pelley crime scene 1 See COLDPage D2 MEffiOBriefs STAFF REPORTS Group to consider Navarre cabin renovation By TERRENCE BLAND Tribune Staff Writer Channel 58 location by Oct 30, when WSJV-TV as mandated, will begin broadcasting its digital signal there. Weigel Broadcasting, owner of WMWB and WBND, just completed construction of a new tower for the stations, which will also have two new more powerful transmitters. GOSHEN Reps defense class fer women scheduled The Elkhart County Sheriff's Department will offer a four-day Rape Aggression Defense class, 6 to 9 p.m. Monday through Thurs; day of next week. The class will provide practical self-defense techniques for women.

Participants must register in advance by calling (574) 523-2221, The class is free SOUTH BEND TV statics to switch channel spots soon Local stations WBND-TV and WMWB-TV will be moving to new channel locations. WBND, currently on Channel 58, will move to Channel 57; WMWB will move from Channel 69 to Channel 25. The change will affect viewers who watch those stations over the air, not those who watch them on cable. Station officials say the switch will take place within the next two weeks. WBND is required to move from eral famous historic landmarks and monuments and specializes in restoring log cabins.

Leatherwood has restored more than 150 log cabins, including pioneer Davey Crocketts. Hoods company currently is restoring an 1856 lighthouse in the Gulf of Mexico that stands on stilts above the water. Hood said a lot of original fabric remains in Navarres cabin. He estimated more than 80 percent of the cabin is in good shape. However, much of the wood has been changed during the two times the cabin has been moved from its original location on a hill on the north bank overlooking the St Joseph River.

$ejt CAClflEafiftJL2 SOUTH BEND The Northern Indiana Historical Society is considering restoring the historic Pierre Navarre cabin in Leeper Park East to as close as possible to its original condition. Vic Hood of Leatherwood Inc. in Frankllh, has been assessing the 1820 cabin for the last three days and completed his work Wednesday. Hood said he will present a report to the Historical Society board within one month. The board then will decide whether to proceed with restoration efforts.

Hoods company has restored sev- Vic Hood surveys the historic Pierre Navarre cabin in Lee per Park East 7 I I.