Search continues for sixth attorney to represent 2022 fatal stabbing after alleged threat against last attorney

A Thursday hearing for Toby Madden, who is accused of stabbing his longtime girlfriend to death in October 2022, has been cancelled while court officials search for a new defense attorney — the sixth to represent the defendant.

Madden’s trial that was set to begin Jan. 22 in Butler County Common Pleas Court was also cancelled after the Hamilton man allegedly made threats to assault his last defense attorney Brad Kraemer, and Judge Jennifer McElfresh allowed Kraemer to withdraw.

ExploreTrial canceled for man accused in 2022 stabbing death after alleged threat against attorney

The 51-year-old is charged with murder and felonious assault, accused of killing Rachelle Brewsbaugh at their Parrish Avenue house. Brewsaugh suffered more than 50 wounds, according to prosecutors.

ExploreButler County judge rejects accused killer’s attempt to represent himself

Because Madden was represented at one point by the county public defender office, a “conflict attorney” not a part of the public defender office must be appointed to represent Madden.

All the conflict attorneys on the list in Butler County have been appointed and withdrawn from Madden’s case. So the search is continuing to find a new attorney for Madden, according to Butler County Prosecutor Michael Gmoser.

It is possible an attorney from Montgomery County will be appointed, but that has not yet been finalized, according to the prosecutor.

McElfresh recently denied Madden request to represent himself after the defendant said multiple times he was being “compelled” to act as his own counsel.

The judge also noted at prior hearing four prior attorneys had been assigned to Madden’s case, and the defendant had problems with all of them, including one who was retained.

Credit: Journal News

ExploreHamilton man charged in girlfriend’s death fails to hire 5th attorney, so one appointed