Hamilton murder suspect changes his mind about self-representation after judge says no to moving trial date again

Toby Madden, who is accused of stabbing his longtime girlfriend to death in 2022 at their Hamilton home, was on board with representing himself at his upcoming trial, answering all of the judge’s questions about his rights, until she told him the trial date — six days away — would not be continued.

“I am baffled that you think I don’t deserve more time to prepare,” said Madden to Butler County Common Pleas Judge Jennifer McElfresh.

The judge told Madden the trial had been continued several times.

“Trial is Sept. 23 and it is my intention to keep that trial date,” McElfresh said. “This case cannot go on endlessly.”

That’s when Madden withdrew the motion to be his own counsel, which is the second time he has made the request.

The 52-year-old was arrested within hours after the death of Rachelle Brewsbaugh 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.

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

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.

On May 24, Madden’s sixth attorney, Lucas Wilder, filed a motion to have him transported to prison to begin serving his sentence of 11 to 16 1/2 years on the drug charge due to “issues” Madden said he was experiencing in the Butler County Jail.

In October 2023, a Butler County jury found Madden guilty of the of first-degree felony. Madden took the stand and testified in his own behalf. Common Pleas Judge Greg Stephens’ then sentenced him to prison.

McElfresh granted that motion and Madden was transported to Chillicothe Correctional Institution.

At the Friday hearing, Madden voiced issues he had with previous attorneys, the lack of a second autopsy he requested on the victim and what he perceived lack of access to discovery in his case.

Wilder also outlined meetings he had had with Madden in the past eight months but did say contact with him in prison had been a challenge.

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

In January, McElfresh denied Madden’s first request to represent himself after the defendant said multiple times he was being “compelled” to act as his own counsel.