After nixing 4 attorneys, Hamilton man accused in girlfriend’s stabbing death wants time to hire new one

Suspect declared competent for trial
Toby Madden appeared for a competency hearing in Butler County Common Pleas Court Tuesday, Aug. 22, 2023 in Hamilton. Madden is charged with murder in the stabbing death of Rachelle Brewsaugh. NICK GRAHAM/STAFF

Credit: Nick Graham

Credit: Nick Graham

Toby Madden appeared for a competency hearing in Butler County Common Pleas Court Tuesday, Aug. 22, 2023 in Hamilton. Madden is charged with murder in the stabbing death of Rachelle Brewsaugh. NICK GRAHAM/STAFF

A man accused of killing his longtime girlfriend last fall at their Hamilton home is competent for trial, but finding an attorney with whom he gets along remains a question.

Toby Madden is charged with murder for the Oct. 11 stabbing death of Rachelle Brewsaugh on Parrish Avenue. Brewsaugh suffered more than 50 wounds, according to prosecutors.

Madden was arrested on a drug charge after the homicide and was indicted in December for murder and felonious assault in Brewsaugh’s slaying. He is being held in the Butler County Jail in lieu of a $1 million bond.

The 51-year-old initially hired an attorney, but parted ways two months later, citing “irreconcilable differences.” Since then, three court appointed attorneys, including one with him in Butler County Common Pleas Court on Tuesday, have withdrawn from the case.

Judge Jennifer 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.

Madden said his family is trying to hire a new attorney and he asked for three weeks to do so. He is scheduled to be back in court Sept. 20 with a new attorney. Another court-appointed attorney is on standby if Madden is unable to retain one.

Madden was scheduled to go to trial this week, but that was cancelled when his fourth attorney requested to withdraw. A new trial date has not been set.

Conflicts with attorneys apparently began 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.

Madden’s fourth attorney, Keith Fricker, filed to withdraw after a visit to see his client on July 10. Fricker said in the motion that Madden refused to speak with and cooperate with him.

“The defendant verbally stated that he no longer wants (Fricker) to represent him and no longer trusts (him),” that attorney said in the motion.

At the July 10 visit, Fricker said after refusing to speak with him, when exiting the interview room, Madden “made a gesture” toward him.

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.

Hamilton police are investigating a death at a home in the 1200 block of Parrish Avenue. Pictured are investigators at the home on Oct. 11, 2022. NICK GRAHAM/STAFF

Credit: Nick Graham

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Credit: Nick Graham

Brewsaugh was on the floor when Hamilton police officers responded to the house where neighbors and family members said she and Madden had recently moved in.

A next-door neighbor called 911, and the woman told the dispatchers a man came running out of his house screaming and said he thought his partner was dead in bed.

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