Credit: Tom Sofield/LevittownNow.com
A local man accused of murdering his ex-neighbor and setting her home on fire in 1991 was in a Doylestown Borough courtroom this week.
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Robert Francis Atkins, 57, of Falls Township’s Fairless Hills section, is awaiting trial on charges of murder of the first degree, murder of the second degree, two counts of robbery, seven count of arson, and a single count of burglary.
On Monday and Tuesday, he was in court for pre-trial hearings.
Renewed scrutiny was placed on Atkins on Monday due to a reported violent episode from his teenage years.
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After learning of his arrest for the 1991 killing of Joy Hibbs at her home in Bristol Township’s Croydon section, Atkins’ family informed prosecutors of an incident from over forty years ago in which Atkins reportedly assaulted his aunt, Charlene Atkins, leaving her severely injured while living in Tennessee. The family members claim that not only were there similarities between the two crimes, but the victims also had similar physical appearances and demeanor, according to a report from The Philadelphia Inquirer.
The Philadelphia newspaper reported Daniel Atkins, the defendant’s younger brother, testified the wounded aunt had been left for dead and his brother blamed “bad drugs.”
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The prosecution wants to present the Tennessee incident at Atkins trial, while his defense attorneys want it to remain sealed as a juvenile arrest.
On Tuesday, attorneys for Atkins made the case that they are seeking to have testimony from his ex-wife, April Atkins, excluded from the trial. The defense argued that her testimony implicating her former husband in the murder was unlawfully obtained as it was based on confidential communications made during their marriage, which is protected by Pennsylvania law, according to a report from the Bucks County Courier Times.
The couple was married at the time of the murder, but they separated and divorced in the early 2000s. April Atkins spoke with authorities in recent years.
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At the preliminary hearing last year, Atkins’ attorney, Craig Penglase, said April Atkin’s testimony on the details of what happened when they were married shouldn’t be admitted due to spousal privilege, a section of Pennsylvania law that allows communications between a married couple to remain confidential as to not drive a wedge in the relationship.
First Assistant District Attorney Jennifer Schorn stated at the time that it was clear April Atkins was waiving that confidentiality and their marriage had been over for years.
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The defense also ask the judge on Tuesday to throw out an alleged confession by Atkins allegedly made to a cellmate, the Bucks County Courier Times reported.
Authorities have alleged that Atkins, a former neighbor of the victim from Croydon, was enraged at Hibbs because she complained about the quality of the marijuana sold by the defendant. Hibbs and her husband, both natives of Florida, smoked recreational marijuana.
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An autopsy conducted on April 20, 1991 found Joy Hibbs, who was badly burned, was stabbed, beaten, and likely strangled with a computer cord before her death. She wasn’t alive when fire and smoke filled the house.
Hibbs’ family – her husband Charlie, son David, and daughter Angie – have fought for years to get a resolution in the cold case.
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A judge will have to make decisions on the evidence and whether statements should be excluded before a trial starts.
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