A Washtenaw County judge yesterday sharply narrowed what jurors will be allowed to hear in the decades-old rape and killing of Beverly Wivell, ruling that prosecutors cannot show the jury child sexual-abuse material found on a device linked to the accused. The judge also scaled back theories about how Wivell might have been restrained and limited other testimony to the much narrower question of whether any sexual encounter was consensual. Robbins remains jailed, and the court is steering the case toward a trial the week of July 20.
Judge narrows scope of evidence
In a pretrial conference, Judge Arianne Slay made it clear that the heart of the dispute is whether prosecutors can actually prove a sexual assault. Some types of evidence, she said, will not make it to the jury box.
Slay barred prosecutors from introducing the child sexual-abuse material, and she agreed to allow only limited “other acts” testimony, and only if it directly relates to the issue of consent. As reported by ClickOnDetroit, Slay told the courtroom, “This case at this juncture hinges on whether there is some evidence to support that a sexual assault was committed on Beverly,” and said she will issue a written order spelling out the evidentiary limits.
How the suspect was identified
The cold case broke open after investigators pulled DNA from a 1989 rape kit and sent it for forensic genealogy testing, which generated leads that pointed to Buster Robbins. According to DNA Solves, law enforcement partnered with Othram to build a detailed genomic profile that produced investigative matches. Those leads were then backed up through traditional lab testing that matched the decades-old sample to Robbins and ultimately led to his arrest.
Details from the original crime
Back in 1989, 30-year-old Beverly Wivell was found shot along the side of the road in Superior Township after witnesses had seen her resting in her car at Griffin Park. Her vehicle was discovered with the keys still in the ignition, and her purse and shoes left inside. Local reporting from WILX and other outlets shows the case went cold for decades until detectives reopened it in 2022 and pursued modern DNA testing. Since Robbins was charged, Wivell’s family members have been a steady presence in court, urging prosecutors to keep pushing forward as the judge works through the evidentiary battles that will define the trial.
Prosecutors’ theory and defense pushback
Prosecutors argued they should still be allowed to tell jurors that semen evidence from the original rape kit can be tied to Wivell’s killing, even if classic signs of a violent sexual assault are not obvious in the records. They also said child sexually abusive material had been located on one of Robbins’ devices during earlier searches.
The defense countered that the prosecution’s attempt to link the semen evidence to the homicide is not supported by the original post-mortem findings and argued that bringing up additional allegations would unfairly smear Robbins. Those back-and-forth arguments, and Slay’s rulings on them, are detailed in reporting by ClickOnDetroit…