Jury may not hear alleged killer's confession to his wife in Croydon murder. Here's why

A Bucks County judge has ruled that jurors will not be told about the violent juvenile record of a 57-year-old Bristol Township man accused in the 1991 murder of his former neighbor when his case goes to trial next year.

The order also limits what the ex-wife of defendant Robert Atkins can testify to when asked about her then-husband’s actions the day her friend Joy Hibbs, 35, was murdered and her family’s Croydon home set on fire.

Common Pleas Judge Wallace Bateman Jr. issued the order Wednesday, which addresses a list of pretrial motions filed earlier this year in the upcoming murder trial set to begin in January.  The Bucks County District Attorney's Office has certified the case as eligible for the death penalty.

More on the case against Robert Atkins Did police ignore evidence in 30-year-old Bristol Township murder? Family seeks answers

The judge issued decision on so-called “prior bad acts” and the testimony of April Atkins, who was married to Robert Atkins at the time of the murder.

Defense attorneys for Atkins sought to have April Atkins’ testimony tossed out alleging it violated a Pennsylvania law that prohibits spouses from testifying to “confidential communication” in a criminal proceeding unless the privilege is waived or vacated.

First Deputy District Attorney Jennifer Schorn argued that Apri Atkins could testify what her husband told her the day of the Hibbs murder because the couple’s children were in the room when he said it, which pierces the privilege, and that the couple was long divorced when April Atkins went to police in 2016 and implicated her husband.

In his ruling Bateman agreed with the defense that the alleged confession is privileged, but he added a caveat.

April Atkins cannot reveal that her then-husband told her he stabbed someone and set fire to the house the day that Hibbs was murdered, unless the defense attacks her character or conduct, which will allow her to testify about the privileged communication.

The order does not prevent April Atkins from telling the jury about what she observed the day of the murder, including Robert Atkins’ appearance, actions and behavior.

Why murder suspect wants evidence tossed Bucks County man wants evidence in 1991 Croydon murder, arson of young mom thrown out

Should violent past be part of trial? Bucks County man accused of murder has violent juvenile record. Should jurors know?

Evidence barred from trial in 42-year-old crime involving Robert Atkins

The other significant motion involved whether jurors would be able to hear about Atkins’ 1981 arrest in the violent assault on his 35-year-old aunt. Atkins, then 16, was charged in the assault and adjudicated delinquent, the juvenile court equivalent of guilty in adult court.

The 42-year-old crime was among four “prior bad acts” evidence and witnesses that Schorn wanted admitted.

Prior bad acts are crimes or wrongdoing that took place before the crime a defendant is charged with.  They cannot be used at trial if the sole purpose is showing a defendant or witness in a bad light; an exception allows the use when the evidence proves "motive, opportunity, intent, preparation, plan, knowledge, or identity," according to the law.

Schorn argued the attack had elements that closely resembled the attack on Hibbs a decade later, making it relevant as a “signature crime,” but in his order Bateman sided with the defense who argued the juvenile arrest record was irrelevant and prejudicial.

But Bateman did grant Schorn’s motion to include another “prior bad acts” witness, who testified before the grand jury which recommended charges against Atkins in the Hibbs’ murder.

The woman is a former neighbor of Atkins, who didn’t know him, but she allegedly had a frightening encounter with him not long before Hibbs was murdered, according to authorities. She told police at the time that Robert Atkins had threatened to kill her and blow up her house for throwing tree branches into his backyard.

This news organization was unsuccessful in immediately reaching either attorney Craig Penglase or Niles Eriksen, who represent Atkins, for comment Thursday.

Schorn said that her office looks forward to proceeding to trial.

“And finally getting justice for Joy Hibbs and her family,” she said.

On Thursday, Joy Hibb’s son, David, said that he was disappointed with the judge’s decisions, particularly the one limiting April Atkins' testimony. He worries the jury may not learn about the critical information.

"After killing my mom Robert Atkins went home covered in blood and confessed to his wife that he 'just stabbed someone and lit their house on fire.' It's painful and cruel to think that the jury won't get to hear this compelling testimony because of some archaic law that was established almost two-hundred years ago."

The murder of Joy Hibbs and case against Robert Atkins

Atkins is accused of killing Hibbs, a married mother of two, who was found stabbed, strangled, and beaten in her fire-damaged Bristol Township home on April 19, 1991.  He has entered a not guilty plea in the case.

Last year a Bucks County grand jury recommended charging Atkins with 13 felonies, including first- and second- degree murder, arson, robbery and burglary.  The Bucks County District Attorney’s Office has certified the case as eligible for the death penalty.

The DA contends Atkins killed Hibbs over a dispute involving a marijuana sale, and he took her cashed paycheck, and set the family’s Spencer Avenue home on fire to destroy evidence of his crimes.

Days after the murder, Bristol Township police identified Atkins as a prime suspect, but then swiftly dismissed him, despite strong evidence at the time that suggested his involvement, the grand jury found.

Hibbs family members, who long suspected Atkins, have said they believe that his previously undisclosed work as a confidential drug informant for Bristol Township Police in 1991 influenced the murder investigation and resulted in a 30-year delay of justice.

Bristol Township police have denied the family’s allegation. The leadership of the police department at the time of the murder has since changed.

The role of confidential informants How did murder suspect's status as a police informant impact a Bucks County cold case?

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This article originally appeared on Bucks County Courier Times: Judge limits testimony against Robert Atkins in Joy Hibbs murder trial