2022 Hamilton murder trial set for Monday

Credit: Nick Graham

Credit: Nick Graham

A Butler County judge on Monday refused a continuance in the murder trial of Toby Madden, who is accused of killing a Hamilton woman.

Butler County Common Pleas Judge Jennifer McElfresh denied the continuance and set a trial date for Sept. 23.

The 52-year-old was arrested within hours after the death of Rachelle Brewsaugh 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. He as since been convicted of the drug charges.

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 McElfresh’s courtroom during hearings to the point that he was removed in March.

During a hearing Friday, Madden was on board to represent himself at trial, but changed his mind when McElfresh said the trial would not be continued.

Defense attorney Lucas Wilder, who was appointed to the case in January, filed a written motion for a continuance stating an expert was needed to prepare for trial specifically to review the autopsy report and evidence found at the residence.

Wilder said, “The defense is requesting a short 30 to 60 day delay to consult with and determine if expert testimony would be beneficial at trial. While the defendant’s case has been (since) December 2022 this is the first request undersigned counsel has made.”

The defense attorney said there have been issues with his communication with Madden, “likely due to defendant’s experiences with prior counsel and his underlying trust issues... Nonetheless, defendant is requesting an expert because such testimony could provide reasonable doubt with respect to the manner and death of (the victim).”

Butler County Prosecutor Michael Gmoser opposed a continuance.

Gmoser said the case has been pending for 22 months and previously set for trial and continued.

“The defendant is out of time to request an expert witness,” Gmoser wrote in the state’s response. “The state further contends that another doctor’s review of the autopsy would not lend itself lead to any relevant evidence favorable to either guilt or innocence of the defendant.

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