Hamilton murder suspect renews his request to represent himself in trial later this month

Credit: Journal News

Toby Madden, who is accused of stabbing his longtime girlfriend to death in 2022 at their Hamilton home, will be back in a Butler County courtroom this week to again ask that he be permitted to represent himself at his upcoming trial.

The 52-year-old was arrested within hours after the death of Rachelle Brewsbaugh at their Parrish Avenue house on Oct. 11, 2022. Brewsaugh suffered more than 50 wounds, according to prosecutors.

Madden was originally charged with aggravated possession of drugs (methamphetamine) following a previous investigation. It was not until December 2022 that he was indicted by a grand jury on murder charges. Bond was upped to $1 million at that time.

Madden has had several trial dates set, but found fault with a series of defense attorneys, both retained and appointed, causing delays in litigation. He has been disruptive in Judge Jennifer McElfresh’s courtroom during hearings to the point that he was removed in March.

On May 24, Madden’s sixth attorney, Lucas Wilder, filed a motion to have him transported to prison to begin serving his sentence of 11 to 16 1/2 years on the drug charge due to “issues” Madden said he was experiencing in the Butler County Jail.

In October 2023, a Butler County jury found Madden guilty of the of first-degree felony. Madden took the stand and testified in his own behalf. Common Pleas Judge Greg Stephens’ then sentenced him to prison.

McElfresh granted that motion and Madden was transported to Chillicothe Correctional Institution.

Last week Wilder filed a motion requesting Madden be permitted to represent himself at trial scheduled to begin Sept. 23. A hearing is scheduled for Friday to consider that request.

The attorney stated “(Madden has informed counsel he wishes to represent himself at trial.”

A defendant has “the independent constitutional right of self-representation ... a defendant may precede to defend himself without the benefit of counsel when he or she voluntarily, knowingly, and intelligently elects to do so,” Wilder wrote in the motion.

In January, McElfresh denied Madden’s first request to represent himself after the defendant said multiple times he was being “compelled” to act as his own counsel.

Toby Madden, accused of stabbing his girlfriend to death in 2022 in Hamilton, appeared in Butler County Common Pleas Court Monday, Jan. 8, 2024 for a pre-trial hearing to get Judge Jennifer McElfresh to let him represent himself. Madden was denied and trial will start January 22. NICK GRAHAM/STAFF

Credit: Nick Graham

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Credit: Nick Graham

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