Defense attorney Brad Kraemer said in the motion filed Monday, “Counsel has recently been informed by defendant that he will not work with counsel and that he wishes to represent himself.”
Madden’s jury trial is scheduled to being Jan. 22 after months of his objections to a series of defense attorneys both hired and court-appointed.
On Dec. 21, Madden interrupted the judge several times as she rendered her decision on not permitting Kraemer to withdraw from the case.
“Ma’am, I’ll do my own trial. I am not allowing that guy to be my lawyer,” Madden said as he was led from the courtroom by security.
Madden, 51, is charged with murder and felonious assault for the Oct. 11, 2022, stabbing death of Rachelle Brewsaugh on Parrish Avenue. Brewsaugh suffered more than 50 wounds, according to prosecutors.
On Oct. 26 of 2023, after 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, citing the drug case trial, filed the motion on November 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.
Assistant Prosecutor Brad Burress offered no opinion on the defense motion and deferred to the court.
McElfresh, citing case law and reminding Madden of letters penned to her as well as what his past attorneys termed as threats, told him he was entitled to competent court-appointed representation, but not one of his choosing.
She outlined the sequence of attorneys and their withdrawals, noting in one letter Madden said, “People are watching and threatening a hunger strike if the court did not adhere to his wishes.”
McElfresh said a forensic psychologist, who examined Madden at her request because he could not get along with any attorneys, said he was making repeated efforts to manipulate information.
“It is well established (in case law) that an indigent defendant is not entitled to the counsel of his choosing, but only competent, effective representation,” McElfresh said. “The right to counsel must be tempered by the public’s right to a prompt, orderly and efficient administration of justice.”
McElfresh also pointed out to Madden he has not waived his speedy trial rights in the case and wrote to her on several occasions, saying “time is of the essence.”
Madden is being held in the Butler County Jail in lieu of $1 million bond.
Madden initially hired an attorney, but parted ways two months later, citing “irreconcilable differences.” Since then, court-appointed attorneys withdrew from the case.
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. Burress said in court documents 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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