5th attorney wants to withdraw in case of Hamilton man accused in girlfriend’s fatal stabbing

Credit: Nick Graham

Credit: Nick Graham

The latest attorney representing a man accused of killing his longtime girlfriend last fall at their Hamilton home has asked to withdraw from the case. Toby Madden’s defense attorney filed the motion a month after Madden was convicted of a drug charge.

Toby Madden, 51, is charged with murder for the Oct. 11, 2022 stabbing death of Rachelle Brewsaugh on Parrish Avenue. Brewsaugh suffered more than 50 wounds, according to prosecutors. His trial is scheduled to begin Jan. 22 in Butler County Common Pleas Court.

After a few glitches in the litigation process when Madden nixed four defense attorneys, both retained and court-appointed, attorney Brad Kraemer was assigned in September to represent Madden in the murder case and a pending drug case.

According to court and police records, in September 2021, Madden was in possession of 316 grams of meth in a suitcase. He was indicted on the drug charge in November 2022, shortly after his arrest for Brewsaugh’s slaying.

On Oct. 26 of this year, following a jury trial in which Madden testified in his own defense, he was found guilty of first-degree aggravated possession of drugs (methamphetamine) in common pleas Judge Greg Stephens’ courtroom.

Stephens sentenced Madden to an indefinite prison term of 11 to 16.5 years.

Kraemer cited the drug case trial in his motion to withdraw in the murder case.

“Counsel recently represented defendant through a jury trial in another courtroom and there has since been a breakdown in communication between the parties, making it impossible for counsel to represent defendant effectively,” Kraemer wrote in the motion filed Tuesday.

Judge Jennifer McElfresh set at hearing for Dec. 21 to consider the request.

Madden, who is charged with felonious assault in addition to murder for Brewsaugh’s murder, has been held in the county jail in lieu of a $1 million bond.

Madden initially hired an attorney, but parted ways two months later, citing “irreconcilable differences.” Since then, three court-appointed attorneys withdrew from the case.

McElfresh ordered an evaluation for competency to stand trial after his seemingly volatile conflicts with the defense attorneys. Madden wrote letters to the judge with his complaints about representation.

After reviewing the psychological evaluation report, McElfresh declared Madden competent.

Conflicts with attorneys apparently began when Madden wanted Brewsbaugh’s body exhumed and re-autopsied. He lost the motion, which was denied by the judge — but McElfresh did approve funds for a defense pathology expert to review the findings.

Brewsaugh, 50, was found dead inside the home in the 1200 block of Parrish Avenue. Assistant Butler County Prosecutor Brad Burress said in court documents that Dr. Russell Uptegrove, the pathologist who performed the autopsy for the Butler County Coroner’s Office, determined the woman died of multiple stab wounds.

Uptegrove found approximately 55 wounds to Brewsaugh’s head, chest and abdomen, including puncture wounds to the heart, according to court documents. Brewsaugh did not have any drugs in her system at the time of her death.

Credit: Nick Graham

Credit: Nick Graham

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