ANN ARBOR, Mich. – A Washtenaw County judge on Monday narrowed what prosecutors may present at trial against Buster Robbins, 70, in the decades-old rape and killing of Beverly Wivell, banning evidence that child sex abuse material was found on one of Robbins’ devices. She also limited other evidence related to consent.
Background
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Beverly Wivell, 30, was a mother from Canton Township who was killed in September 1989. Police said she dropped her son off at school, later went to Griffin Park to rest in her car, and was found dead hours later near Gottfredson and Ford in Superior Township.
Her car was later found at the park with her keys still in the ignition, and her purse and shoes still inside.
The case went cold for decades until investigators used forensic genealogy testing on DNA collected in 1989, ultimately identifying Robbins, of Almont.
In late 2025, investigators collected Robbins’ DNA from a straw in his trash, and it matched DNA found in Wivell.
Wivell’s son, Dale Swanson, told Local 4: “For me, until I hear that guilty verdict is heard, it won’t be done for me.”
What happened at this hearing
During a pretrial conference March 23, the judge said the fight over evidence centers on whether prosecutors have enough proof to support a sexual assault allegation as part of the 1989 case.
“This case at this juncture hinges on whether there is some evidence to support that a sexual assault was committed on Beverly,” Judge Slay said.
She said the kidnapping and murder were less disputed.
Prosecutors argued the jury should be allowed to infer the semen evidence was connected to the killing, even without classic signs of injury.
“There’s not some telltale sign of sexual assault, right? There’s nothing,” the prosecutor said. “It’s beyond a reasonable conclusion to infer that this semen got there unconsensually at the time of the murder.”
Defense attorney Rolland Sizemore called the prosecution’s theory unsupported and pointed to original post-mortem findings. He said there was “no evidence to support” claims that Wivell was restrained or assaulted beyond being shot.
The argument of consent, searches of Robbins’ devices
Judge Slay said prosecutors showed enough circumstantial evidence regarding consent, but not broader restraint theories.
“I don’t believe that there was any evidence of… restraint,” the judge said. “We’re kind of limiting ourselves right down to the consent aspect of it.”
She found some circumstantial evidence for a consent-non-consent issue -- enough to allow some “other acts” evidence for that limited purpose but rejected “restraint/binding” theories “at this juncture.”
The judge also clarified that earlier rulings on the search of Robbins’ electronics were aimed at preventing overly broad searches.
“People’s cell phones these days really carry everything from the mundane aspects of life to the most intimate details of one’s life,” Judge Slay said. She added that search warrants must be drafted with particularity so police are not “willy nilly looking at everything.”
Other allegations
During a motion hearing on May 15, 2025, prosecutors said Robbins was under investigation for other cases, and child sexually abusive material was found on Robbins’ tablet but did not elaborate on what was discovered.
Prosecutors said after doing a search warrant on Robbins’ phone, they also “have evidence that he has been actively perpetrating CSCs on his wife from other men.”
Jacob Kennedy, assistant prosecuting attorney, said previously they believed Robbins had been having other men sneak into the home and “have sex with his wife without her consent.” He called that investigation “active” and “ongoing.”
In response to the new allegations and potential connection, one of Robbins’ attorneys, Tim Turkelson, previously told Local 4: “I don’t buy it. The prosecution is just trying to find other cases and then provide some evidence. Put your money where your mouth is. Saying anything else is just disparaging his name.”
Meanwhile, the Livingston County Sheriff’s Office has confirmed to Local 4 that the 1990 disappearance of Paige Renkoski remains open and that they have been “investigating similarities” between the Wivell case and the Renkoski case.
Trial date set
Robbins remains behind bars pending trial. Judge Slay moved the trial up one week to start July 20, 2026. She said she will prepare a written order with her decision for the pretrial hearing. The defense has at least one more motion to file.