John Jefferson
Toby Madden (Law&Crime).
An Ohio man who killed his girlfriend by stabbing her 55 times took his defense into his own hands and was promptly removed from court by the judge overseeing the case after an outburst during proceedings on Friday.
Toby Madden, 52, was convicted early Friday afternoon on one count of murder, one count of felony murder, and two counts of felonious assault over the October 2022 slaying of 50-year-old Rachelle Brewsaugh. Late Friday morning, the defendant’s 5-day trial ended with the prosecutor’s rebuttal to the defense’s closing argument.
“Fifty-five times,” the prosecutor concluded. “Each time this defendant stabbed her, she got closer to her death … she got butchered in the home that she was renovating. I ask that you hold this defendant responsible for killing her.”
Then, Madden spoke up to share a series of rapid-fire thoughts with the jury, the judge, and his defense attorney.
“Ladies and gentlemen,” Madden began. “I want to say the state’s exhibit —”
The judge quickly interjected and began the process of getting the jurors back to the jury room.
The since-condemned man then went on an extended discussion — seemingly addressing his lawyer; and/or anyone else who would listen — about “a stick” that the state used as one of their pieces of evidence.
“I also if you look at the video, there’s no question, of me down, at the PlayStation, if you look at it, they asked me: ‘How did the blood get in the sink?’ I told them that there was blood on my face after doing CPR,” he said — motioning at his face with his palms.
During this unsanctioned soliloquy, Madden’s attorney visibly turned away to sigh in apparent annoyance or frustration.
The judge then put the court in full recess.
The convicted killer continued, this time addressing the jurors directly and telling them to “ask for it back there” in reference to “state exhibit number 66,” the aforementioned stick.
“There’s a stick right there,” Madden said — motioning with his hands again, this time as if to form the shape of a stick. “They won’t. There’s plenty of things they won’t bring to you.”
Then, the killer stood up and implored: “Ask for it.”
Then, he turned toward the prosecutor’s table, for something like confirmation or purposes of goading, and asked: “Right?”
Then, he turned his head at an angle and, affecting a sardonic and knowing sort of smirk, asked the prosecutor again: “Right?”
The government attorney, off-camera, replied to say something to the effect of not making a comment.
“I know you’re not commenting,” Madden retorted — shooting the state’s representative a final glance of disapproval.
Then, the scene became increasingly hectic.
“The court is not going to tolerate —” the judge began before some cross-talk and paper jostling drowned her voice out.
Madden quickly piped back up, addressing the judge: “Listen. What they’re not gonna do is — I’m not gonna sit here and allow you to — this is what you did the last time.”
As bailiffs led the soon-to-be-judged man out of the court he turned back toward someone to say one final piece: “You wanna come running [indistinguishable] all this time? You got something to say?”
Jurors quickly deliberated and found the defendant guilty on all counts against him — but he was not there to hear the verdict.
According to a sergeant, after the outburst, Madden told his attorney: “he was lucky that he was currently wearing restraints.”
Madden was sentenced to 15 years to life in prison for the counts against him. The judge also assessed a consecutive 10-year prison term for being a repeat offender — meaning he will spend at least 25 years behind bars before becoming eligible for parole.
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