TULSA, OK (KTUL) — April Wilkens, a 54-year-old woman who has spent nearly 27 years in prison for killing her ex-fiancé, has filed a writ of habeas corpus requesting her release while awaiting a court hearing under the Oklahoma Survivors’ Act (OSA).
Wilkens was convicted of first-degree murder in 1998 for the shooting of Terry Carlton, her ex-fiancé. Now, her legal team says her ongoing incarceration is “unlawful” due to delays by the Tulsa County District Attorney’s Office.
Why Wilkens Is Seeking Relief
Wilkens is the first person to apply for retroactive sentencing relief under the Oklahoma Survivors’ Act, a law designed to offer lighter sentences to survivors of domestic abuse, family violence, or human trafficking, if abuse played a key role in the crime committed.
The law caps sentences at 25 years if the court finds enough evidence that domestic abuse contributed to the crime. Wilkens has already served nearly 27 years and is currently held at the Mabel Bassett Correctional Center.
Her attorneys, Colleen McCarty and Abby Gore, argue in their court filing that her sentence is now illegal and violates her constitutional right to due process, especially as she has already served beyond the maximum allowed under the OSA.
Court Hearing Approved — But Still No Date
According to court records, Wilkens was approved for a resentencing hearing under the Oklahoma Survivors’ Act on November 4, 2024, but a hearing date has not yet been scheduled. This delay is central to her lawyers’ argument.
“Ms. Wilkens has shown this court volumes of evidence to show why she should be resentenced… The District Attorney has shown no evidence to the contrary,” her attorneys said in their filing.
DA Responds: Sentence Is Not Illegal
Tulsa County District Attorney Steve Kunzweiler released a statement pushing back against the defense’s claims. He said Wilkens had a full jury trial and was convicted unanimously for shooting Terry Carlton eight times.
“Ms. Wilkens gave a full-throated defense of her actions as a battered woman,” Kunzweiler said. “The Oklahoma Court of Criminal Appeals upheld her conviction in 2021.”
He added that both Wilkens and Carlton had protective orders against each other, but court records only confirm Wilkens had filed protective orders — not Carlton.
Questions Over the Original Trial
Wilkens’ lawyers have claimed that the original trial lacked key evidence and that the defense team during her 1999 trial did not have full discovery materials. DA Kunzweiler said his office had to rebuild the case file to ensure proper access to trial documents for all parties.
In August 2024, her legal team filed a 422-page application for resentencing, which included photos and transcripts from the original trial.
The Bigger Picture
Wilkens’ case is one of many being reviewed under the Oklahoma Survivors’ Act, with other women already released, including Lisa Rae Moss, who was freed earlier this year after her sentence was reduced.
Wilkens’ legal team has declined to comment further, citing pending litigation.
