Credit: Nick Graham
Credit: Nick Graham
But just before the jury was led into the Butler County Common Pleas courtroom, Madden turned to the 28-year-old daughter he shared with Brewsaugh and began crying, saying “what happened to her, I didn’t mean it.”
Also part of the utterance, according to Assistant Prosecutor Michael Hon, was Madden saying “I am responsible for what happened to her. I didn’t mean it. I love you.”
Madden appeared to make a stabbing motion during the statement, according to prosecutors.
MacKayla Madden and others shaken by Madden’s admission exited the courtroom and Judge Jennifer McElfresh called a recess.
About 30 minutes later, court was back in session and Madden’s attorney Lucas Wilder said he was concerned about Madden’s mental state and did not believe he should stay in the courtroom because it would be prejudicial.
Madden continued to cry and McElfresh said she wanted to assure he had a fair trial and give him a chance to maintain his composure. Madden could be placed in a separate room to watch the trial via live stream if he cannot maintain his composure or has outbursts, which have have happened in past hearings.
Hon was able to present opening statements, but the defense chose not to. The state’s first witness was MacKayla Madden, who recalled her parents’ off and on relationship for years including a lot of conflict and fighting.
She also told the jury what she heard her father say to her minutes before before the trial was set to begin.
“I am sorry. We got into an altercation. I am basically the one who did it. Don’t hate me. I love you,” is what MacKayla Madden said she heard her father say.
During opening statements, Hon said on the morning Brewsaugh was killed city workers arrived at her residence under renovation to turn on the gas at 8 a.m. Brewsaugh held her dog as the four utility workers went to the basement. They passed a male covered in a blanket asleep.
At 8:30 a.m., the workers told Brewsaugh there were a problem with the furnace and they could not turn on the gas, Hon said.
“They are all four going to tell you as they left, that she (Brewsaugh) was alive and well and the furniture was not in any disarray.” Hon said.
Approximately three and a half hours later, a 911 call is placed and police responded to the residence because Brewaugh has been “stabbed and killed.”
Officers found Madden “on top of Rachelle trying to do CPR on what is clearly a deceased person,” Hon said in opening statements. There was no sign of forced entry to the house but furniture was overturned.
Madden did act “hysterically” inside the house, but outside on the sidewalk with officers, he asked for a cigarette and wanted to go back inside to get his jacket and wallet.
Pictures taken by officers of the crime scene shows signs of a struggle, with a entertainment center overturned and other furniture “pushed around and out of place,” Hon said.
Brewsaugh was on the floor dead with 55 stab wounds to her body and blood was “all over the wall and the window and the floor,” Hon said.
During an interview the Hamilton Police Detective Robert Horton, prosecutors say Madden first told him the city workers killed Brewaugh and also said people were out to get him .
Prosecutors pointed to Brewsaugh’s blood found on a vest and shirt worn often by Madden and scratches on his arms when he was interviewed after his girlfriend was found.
While the defense did not make an opening, Wilder raised questions during cross examination of MacKayla about the Parrish Avenue house being previously broken into and drug activity in the neighborhood.
Wilder also moved for a mistrial based on the prosecutor’s characterization of Madden’s motions with his hand during his statements in court. It was overruled by the judge.
The trial is expected to continue through Friday.
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