April Rose Wilkens

{{short description|American woman who killed her ex-fiancé}}

{{Use mdy dates|date=June 2019}}

{{Infobox person

| name = April Rose Wilkens

| image =

| alt =

| caption =

| birth_date = {{Birth date and age|1970|04|25}}

| birth_place =

| death_date =

| death_place =

| known_for = One of the first women to use battered woman syndrome as a defense in an Oklahoma trial

| criminal_charges = Murder of Terry Carlton

| criminal_penalty = Life in prison with the possibility of parole

| criminal_status = Convicted, appealing

}}

April Rose Wilkens (born April 25, 1970) is an American woman serving a life sentence at Mabel Bassett Correctional Center after her conviction for the murder of Terry Carlton and the subject of the podcast series Panic Button: The April Wilkens Case. She was the first to apply for resentencing under the Oklahoma Survivors Act when it took effect in August 2024, but was not the first released. As of 2025, she still awaits her resentencing hearing.{{Cite web |title=Williams, Roberts Recognize Lisa Moss, Oklahoma Survivors’ Act |url=https://www.okhouse.gov/posts/20250211_1 |access-date=2025-04-02 |website=Oklahoma House of Representatives |language=en}}{{Cite web |date=2025-03-11 |title=A New Day for Lisa Moss - The Pickup |url=https://thepickup.com/a-new-day-for-lisa-moss |access-date=2025-04-02 |website=thepickup.com |language=en}}{{Cite web |title=The Oklahoman Subscription Offers, Specials, and Discounts |url=https://subscribe.oklahoman.com/restricted?return=https%3A%2F%2Fwww.oklahoman.com%2Fstory%2Fnews%2F2025%2F02%2F06%2Foklahoma-survivors-act-seven-women-victims-abuse-file-resentencing%2F77746758007%2F&gps-source=CPROADBLOCKDH&itm_source=roadblock&itm_medium=onsite&itm_campaign=premiumroadblock&gca-cat=p&theme=twentyfour&gnt-eid=control |access-date=2025-04-02 |website=subscribe.oklahoman.com}}{{Cite web |last=Rose |first=Brenna |date=2024-08-29 |title=First application filed for retroactive sentencing relief under Oklahoma Survivors' Act |url=https://ktul.com/news/local/first-application-filed-for-retroactive-sentencing-relief-under-oklahoma-survivors-act-april-wilkens-survivor-sentence-victims-domestic-abuse-abuser-governor-veto-overridden-domestic-violence-rate-oklahoma-appleseed-center-law-justice-incarcerated |access-date=2025-04-02 |website=KTUL |language=en}}{{Cite web |last=World |first=Curtis Killman Tulsa |date=2024-08-29 |title=Woman seeks release from prison under Oklahoma Survivors Act |url=https://tulsaworld.com/news/local/crime-courts/woman-seeks-release-from-prison-under-oklahoma-survivors-act/article_8db4349c-660e-11ef-8c4a-53f80f38a1c3.html |access-date=2025-04-02 |website=Tulsa World |language=en}}{{Cite web |last=Hayes |first=John |title=First applicant for Oklahoma Survivors’ Act relief still waiting for hearing |url=https://kfor.com/news/local/first-applicant-for-oklahoma-survivors-act-relief-still-waiting-for-hearing/}}{{Cite news |date=2025 |title=This Oklahoma law aims to ease sentencing for convicted abuse survivors. Is it working? |url=https://www.oklahoman.com/story/news/politics/courts/2025/02/06/oklahoma-survivors-act-helps-victims-domestic-abuse-convicted-defense/77746943007/ |work=The Oklahoman}}

She was one of the first women to use battered woman syndrome in an Oklahoma trial, and claimed to have acted in self defense,{{Cite news |last=Dye |first=Abigail |date=14 July 2022 |title=Tulsa nonprofit sheds light on murder case, alleges killing was self defense |work=Fox23 |url=https://www.fox23.com/news/tulsa-nonprofit-sheds-light-murder-case-alleges-killing-was-self-defense/ZMXWWDZ6NBDRZHEYOTHPCSXNG4/}}{{Cite news |date=9 September 2022 |title=How Oklahoma's domestic violence laws fail survivors |work=VNN |url=https://app.verifiednews.network/articles/share/2564}} but it did not work in her favor and she was still found guilty by a jury. Local Tulsa news stations still to this day are hesitant to cover her case due to Carlton's family owning and operating dealerships which buy ad time from them.{{Cite news |date=16 March 2022 |title=VNN LIVE {{!}} Corruption in mainstream news |work=VNN |url=https://www.youtube.com/watch?v=0k-nYlMngI8}}{{Cite news |last=Harlow |first=Brittany |date=22 March 2022 |title=#AprilsStory The Lone Crusaders |work=VNN |url=https://app.verifiednews.network/articles/share/2261}} Her case caused an "outcry from those who say she acted because of battered woman syndrome."{{Cite news|last=PARRISH|first=ASHLEY|date=Jul 8, 1999|title=Abused woman gets life sentence|work=Tulsa World|url=https://tulsaworld.com/archive/abused-woman-gets-life-sentence/article_92acd762-e5a5-586e-8ec6-6d0b9ab02690.html}} As of 2022, she was going into her 25th year of incarceration.{{Cite news |date=28 June 2022 |title=The Shooting {{!}} 1 |pages= |work=Panic Button: The April Wilkens Case |url=https://panicbuttontheaprilwilkenscase.podbean.com/e/the-shooting-1/}}

Wilkens is featured as starting head of the dog rehabilitation and adoption program in Mabel Basset in the 2015 student documentary Bassett Tails by Friends for Folks.{{Cite web|author=Sarah Pitts|title=Sister Speaks at Mabel Bassett|url=https://www.oudaily.com/l_and_a/sister-speaks-at-mabel-bassett/article_2cc23368-a969-11e3-b9a6-0017a43b2370.html|access-date=2021-11-17|website=OU Daily|language=en}}{{Citation|title=Bassett Tales - Friends for Folks|url=https://www.youtube.com/watch?v=Vm3ed5JJxkY|language=en|access-date=2021-11-17}}{{Cite web|date=2014-01-25|title=Oklahoma prison becomes second in state to open dog training program|url=https://oklahoman.com/article/3927120/oklahoma-prison-becomes-second-in-state-to-open-dog-training-program/|access-date=2021-11-17|website=Oklahoman.com|language=en-US}}{{Cite news|last=BREWER|first=GRAHAM|date=November 8, 2014|title=Groundbreaking held for kennel of inmate dog-training program in Oklahoma|work=The Oklahoman|url=https://www.oklahoman.com/article/5364744/groundbreaking-held-for-kennel-of-inmate-dog-training-program-in-oklahoma}} She also leads a physical health training program at the prison.{{Cite news |date=8 June 2022 |title=VNN LIVE {{!}} VNC Updates |work=VNN |url=https://www.youtube.com/watch?v=EAKXgPUCjOk}}{{Cite news |last=VNN |date=24 August 2022 |title=VNN LIVE {{!}} April Wilkens Updates |work=YouTube |url=https://www.youtube.com/watch?v=WtfaFUabJwo}}{{Cite news |date=2022 |title="It's a good addiction," Inmates see results and sisterhood formed during health program |work=KFOR |url=https://kfor.com/news/local/its-a-good-addiction-inmates-see-results-and-sisterhood-formed-during-health-program/}} In 2022, her case was picked up by the Oklahoma Appleseed Center for Law and Justice under the Network for the Appleseed Foundation after continued denials of parole.{{Cite news |last=Verified News Network |date=25 May 2022 |title=VNN LIVE {{!}} April Wilkens Update |url=https://www.youtube.com/watch?v=J8Nu42ou7ec&t=166s |work=YouTube}} The OK Appleseed Center "will be raising awareness about April's case in hopes she will one day be set free."{{Cite web |date=2022 |title=Criminalized Survivorship is a uniquely American phenomenon. |url=https://okappleseed.org/criminalized-survivors |website=OKLAHOMA APPLESEED CENTER FOR LAW AND JUSTICE}} They are using Wilkens's story to lobby "Oklahoma lawmakers to draft and pass a bill that would let courts resentence certain survivors of abuse—specifically, ones whose crimes were related to the domestic violence they experienced."{{Cite news |last=Michaels |first=Samantha |date=11 August 2022 |title=Women's Prisons Are Filled With Domestic Violence Survivors. A New Type of Law Could Help Them Get Out. |work=Mother Jones |url=https://www.motherjones.com/crime-justice/2022/08/domestic-violence-prison-abuser-oklahoma-new-york-law/}} In 2023, she was mentioned in the "Kill or be Killed?" episode about Nikki Addimando in ABC's 20/20, along with other criminalized survivors.{{Cite web |last=ABC 20/20 |date=2023 |title=S45E18Kill Or Be Killed |website=American Broadcasting Company |url=https://abc.com/shows/2020/episode-guide/2023-02/03-kill-or-be-killed}} Her essays in support of criminalized survivors have been published in The Oklahoman and USA Today.{{Cite news |last=Wilkens |first=April |date=7 March 2023 |title=I shot my abuser to escape. Why are so many domestic violence survivors like me in prison? |work=USA Today |url=https://www.usatoday.com/story/opinion/voices/2023/03/04/domestic-violence-abuse-victims-prison-sentencing/11383732002/}}{{Cite news |last=Wilkens |first=April |date=26 February 2023 |title=Guest: I am one of many domestic violence victims incarcerated in Oklahoma, but there's hope |work=The Oklahoman |url=https://www.oklahoman.com/story/opinion/2023/02/26/guest-i-am-one-of-many-incarcerated-oklahoma-domestic-abuse-victims/69912761007/}} Wilkens will not be eligible for parole again until 2025.{{Cite news |date=21 June 2022 |title=Improved access to mental health care in Oklahoma could help reduce female incarceration, advocates say |work=VNN |url=https://app.verifiednews.network/articles/share/2382}}

Personal life

April Rose Wilkens was born on April 25, 1970.{{cite web|url=https://okoffender.doc.ok.gov/|title=Oklahoma Department of Corrections OK Offender|website=doc.ok.gov|language=en|access-date=November 18, 2021|quote=Offender: April R. Wilkens | OK DOC#: 282399 | Birth Date: 4/25/1970}} She grew up in Kellyville, Oklahoma. Her father was abusive and that may have led to her feeling like abuse from Terry Carlton was normal. She met Carlton at his car dealership, Don Carlton Acura, and for their first date he flew her to Dallas on a private plane.{{Cite news |date=5 July 2022 |title='Panic Button' crime podcast takes us deeper into a 'Small Town Girl Living in a Violent World' |work=Fox23 |url=https://www.fox23.com/news/panic-button-crime-podcast-takes-us-deeper-into-small-town-girl-living-violent-world/TYXVOMUKXFH6VPU6BAMWQGUZRQ/}} They lived about 8 blocks from each other "in the prominent Brookside neighborhood of Tulsa."{{Cite web |date=2022 |title=Panic Button: The April Wilkens Case, Episode 1 Show Notes |url=https://okappleseed.org/episode-1-show-notes}} In early April 1998, Terry took April to his house at gunpoint and held her hostage, one of many incidents of abuse before his killing.{{Cite news |last=de Vera |first=Abbie |date=15 July 2022 |title='Panic Button' podcast, Episode 3: Evidence of rape, physical abuse, stalking, control and fear |work=Fox23 |url=https://www.fox23.com/news/panic-button-podcast-episode-3-evidence-rape-physical-abuse-stalking-control-fear/M6PWAKBZNFBB5FKYQVLXGLECTA/}}{{Cite news |date=12 July 2022 |title=Hostile State {{!}} 3 |work=Panic Button: The April Wilkens Case |url=https://podcasts.apple.com/us/podcast/hostile-state-3/id1630829857?i=1000569622860}} She was a single mother when it happened and, according to her own words, Carlton previously threatened to kill her son.{{Cite web |date=2023 |title=These are the stories of Oklahoma's criminalized survivors. |url=https://oksurvivorjusticecoalition.org/the-stories}}

Case and conviction

April Wilkens shot Terry Carlton eight times on April 28, 1998, in his Tulsa house. Leading up to the final confrontation, Terry had stalked, beaten, and raped April Wilkens several times prior.{{Cite news |last=Harlow |first=Brittany |title=#AprilsStory Why didn't she stay away? |work=VNN |url=https://app.verifiednews.network/articles/share/2216}} They both had used illegal substances before the killing, Carlton coercing Wilkens to and also raping her.{{Cite news |date=7 March 2022 |title=#AprilsStory Why didn't she stay away? |work=VNN |url=https://www.youtube.com/watch?v=yidOMjD4VMQ}} The Tulsa World reported that during a search of Carlton's residence that night, "five live grenades were found in the basement, which apparently was used as a 'music room'" and the bomb squad had to be called in. "Rifles, shotguns, and a small quantity of narcotics also were found in the residence." She had filed her first protective order against Carlton in November 1996, after he had attacked her in Rome. A second protective order had been filed after they went to Greece, according to court records. Carlton had also filed suit for breach of contract against Wilkens over an engagement ring not returned, asking in excess of $10,000. In Feb 21, 1998, he was charged with transporting a loaded firearm, but failed to appear in court on March 25, 1998.{{Cite news |last=Marshall |first=Nicole |date=29 April 1998 |title=Tulsan shot to death at midtown residence; former girlfriend jailed |pages=A-1 and A-3 |work=Tulsa World}} The Tulsa world also reported that the "case drew immediate attention" because Wilkens's defense, battered woman syndrome, was "fairly new and virtually untested in Oklahoma courts." April Wilkens did not take a gun to the house, and stayed there after the killing until police arrived, covering the body with a blanket and making no attempt to make it look like someone else committed the killing. This was consistent with her statement that "she did not feel she did anything wrong."{{Cite news|last=BRAUN|first=BILL|date=Apr 25, 1999|title=Woman convicted of murder|work=Tulsa World|url=https://tulsaworld.com/archive/woman-convicted-of-murder/article_3a571e9a-0559-5842-a98d-02adb80b2eeb.html}} A neighbor told the jury that April appeared to want to leave town the night before the killing.{{Cite web|author=Bill Braun|title=Defendant wanted to leave town, her neighbor testifies|url=https://tulsaworld.com/archive/defendant-wanted-to-leave-town-her-neighbor-testifies/article_986649ed-00c8-5181-a8c1-dd26b99a60cb.html|access-date=2021-11-17|website=Tulsa World|language=en}} April Wilkens was 29 years old when she was convicted of first-degree murder.{{Cite news|date=April 27, 1999|title=Woman Gets Life Sentence|work=The Oklahoman|url=https://www.oklahoman.com/article/2651184/woman-gets-life-sentence}}

Terry Carlton took April Wilkens on lavish trips and on one occasion attacked her when they were in the Netherlands in 1996.{{Cite web|last=Braun|first=Bill|date=Apr 17, 1999|title=Attack led to slaying, woman says|url=https://tulsaworld.com/archive/attack-led-to-slaying-woman-says/article_865288e5-aa5a-50d1-91a9-a6e558e7893a.html}} Carlton was the son of a multimillionaire in Tulsa, Oklahoma, whose father, Don Carlton, was involved with a bribery scandal at Honda.{{Cite news|last=Johnson|first=Greg|date=March 15, 1994|title=Honda Payola Went on for Years, FBI Says : Inquiry: Observers ask how the company could have allowed such a widespread illicit enterprise to continue for so long.|work=Los Angeles Times|url=https://www.latimes.com/archives/la-xpm-1994-03-15-mn-34349-story.html}} Don Carlton later sued April for amount of actual and punitive damages after the trial,{{Cite news|last=Braun|first=Bill|date=May 28, 1999|title=Killer faces drug rap|work=Tulsa World|url=https://tulsaworld.com/archive/killer-faces-drug-rap/article_0ebe0bdd-8da5-54f5-ab3b-58e0ce9e11f0.html}} but later dropped the charges. Before trial, the Carltons also agreed to a plea deal of 20 years, but April did not take it, believing she would be found innocent. She has served over 20 years as of 2022.

Terry Carlton bragged about paying off the police when April would report his abuse, and the Tulsa police did not enforce a warrant for his arrest, either, before his death.{{Cite news|date=October 4, 2021|title=Two decades later, a woman sentenced to life for killing her abuser still fights for freedom|work=VNN|url=https://app.verifiednews.network/articles/share/1998}} Tulsa Police would laugh when they would arrive at the scene, saying that she called them so often they eventually thought they would find Wilkens dead. Carlton also owned a police scanner, so he would leave before they got there.{{Cite news |date=23 February 2022 |title=VNN LIVE {{!}} April Wilkens |work=YouTube |url=https://www.youtube.com/watch?v=8jArhwXskh8&t=25s}} Terry Carlton was the uncle of Justin Carlton Bruton, a suspect in the murder of Anastasia Witbolsfeugen, and supporters of April released evidence dating back to 2008 that Terry Carlton and the Bruton/Carlton family believed that Justin Bruton, not the convicted Byron Case, killed Anastasia and then himself. Terry used WitbolsFeugen's death to intimidate April Wilkens, according to her legal documents.{{Cite web|date=July 2, 2021|title=RE: APRIL'S CONNECTION TO BYRON CASE AND JUSTIN BRUTON.|url=https://aprilwilkensblog.wordpress.com/2021/07/02/re-aprils-connection-to-byron-case-and-justin-bruton/|website=Free April Wilkens}}{{Cite web|date=February 7, 2021|title=2 KILLINGS, 1 TULSA CAR DEALERSHIP FAMILY: APRIL WILKENS CONNECTION TO BYRON CASE|url=https://aprilwilkensblog.wordpress.com/2021/02/07/2-killings-1-tulsa-car-dealership-family-april-wilkens-connection-to-byron-case/|website=Free April Wilkens}} This information was not allowed in court during her trial, but would have shown her reasoning for believing her life was in danger.{{Cite web |last=Panic Button |date=16 August 2022 |title=The Other Murder {{!}} 8 |url=https://panicbuttontheaprilwilkenscase.podbean.com/e/the-other-murder-8/}} April Wilkens also recorded Terry Carlton admitting to abusing and raping her,{{Cite news|last=Randag|first=Dave|date=Nov 9, 2008|title=April Wilkens' Story|work=YouTube|url=https://www.youtube.com/watch?v=q_d7mc2wT4M}}{{Cite web |date=5 July 2022 |title=Small Town Girl Living in a Violent World {{!}} 2 |url=https://panicbuttontheaprilwilkenscase.podbean.com/e/small-town-girl-living-in-a-violent-world-2/}} but it was never played at trial, though the then-DA, Tim Harris should have had a copy since she gave one to the Tulsa Police.{{Cite news |title=VNN LIVE {{!}} April Wilkens Update |work=VNN |url=https://www.youtube.com/watch?v=fOPmImbjio0}} A juror after the trial claimed that April was not a good test case for Battered Woman Syndrome, which was untested in Oklahoma courts at the time, and Assistant District Attorney Sharon Ashe claimed "Wilkens is not a classic example of a battered woman." The DA "argued that drug abuse, not domestic abuse, made Wilkens snap."{{Cite news |date=9 July 1999 |title=Abuse Didn't Spur Crime, Juror Says |work=The Oklahoman & NewsOK |url=https://oklahoman.com/article/2659793/abuse-didnt-spur-crime-juror-says&rlz=1C1UEAD_enUS953US953 |archive-url=https://web.archive.org/web/20220324030338/http://webcache.googleusercontent.com/search?q=cache%3Ahttps%3A%2F%2Foklahoman.com%2Farticle%2F2659793%2Fabuse-didnt-spur-crime-juror-says&rlz=1C1UEAD_enUS953US953&oq=cache%3Ahttps%3A%2F%2Foklahoman.com%2Farticle%2F2659793%2Fabuse-didnt-spur-crime-juror-says&aqs=chrome..69i57j69i58.1995j0j4&sourceid=chrome&ie=UTF-8 |archive-date=24 March 2022 |url-status=dead}} During jury selection for the trial, Tim Harris told the jury that he was "not here to win or lose, but to tell the truth," which some attorneys analyzing the case later criticized, saying he "absolutely had a motive to be there" and it put April in an impossible situation to have to refute. Harris could have chosen not to file charges against her in the first place.{{Cite web |last=Panic Button |date=26 July 2022 |title=Wading Through The Jury Pool {{!}} 5 |url=https://panicbuttontheaprilwilkenscase.podbean.com/e/wading-through-the-jury-pool-5/}}

Wilkens later got her former counselor and Battered Woman Syndrome expert, Lynda Driskell, to sign an affidavit saying that Wilkens's attorney never contacted a key witness for her trial and Driskell also said April's story was consistent with being a battered woman.{{Cite web |title=AFFIDAVIT AND OTHER STATEMENTS OF LYNDA DRISKELL, BATTERED WOMAN SYNDROME (BWS) EXPERT |url=https://aprilwilkensblog.wordpress.com/2022/03/12/affidavit-of-lynda-driskell-and-other-statements-from-her-as-a-battered-woman-syndrome-bws-expert/}}{{Cite journal |date=May 2008 |title=PREDICTORS OF DOMESTIC VIOLENCE MYTH ACCEPTANCE IN FORENSIC MENTAL HEALTH SPECIALISTS |url=https://shareok.org/bitstream/handle/11244/7374/Driskell_okstate_0664D_2755.pdf?sequence=1 |journal=Thesis}} What is more, a tape where Carlton admitted to raping and abusing her was never played in court and a key witness, Clare Eagan, now a federal judge but a previous attorney for Wilkens, was never asked to testify, leading some to believe Wilkens was poorly represented at her trial.{{Cite news |date=March 2022 |title=VNN LIVE {{!}} April's plea from prison |work=VNN |url=https://www.youtube.com/watch?v=bEcd6AhrrpU&t=8s}} The expert on Battered Woman Syndrome who Wilkens's attorney, Chris Lyons hired was named Dr. John Call. He previously served at DVIS on the board and his contributions to the trial, as well as his expertise, in that area have been questioned by current experts in the field.{{Cite news |date=30 August 2022 |title=True crime podcast 'Panic Button' continues to cover a 90s Tulsa domestic abuse murder case |work=Fox23 |url=https://www.fox23.com/news/true-crime-podcast-panic-button-continues-covers-90s-tulsa-domestic-abuse-murder-case/C2YTWGGU2VFALNBLC3HC6EBA4Y/}}{{Cite web |last=Panic Button |date=2022 |title=The True Experts {{!}} 11 |url=https://panicbuttontheaprilwilkenscase.podbean.com/e/the-true-experts-11/}}

Post-conviction actions

Wilkens "filed an application for Post-Conviction Relief in 2003 and 2009, stating her attorney failed to present key evidence on her behalf" and that then-DA Tim Harris "should have been disqualified from prosecuting her case due to this personal relationship with Don Carlton, who afterward contributed to his political campaigns and even held a public reception for him."{{Cite news|last=VNN|date=Oct 4, 2021|title=Two decades later, a woman sentenced to life for killing her abuser still fights for freedom|work=YouTube|url=https://www.youtube.com/watch?v=SHUbD3ViAL0}}{{Cite news|last=BRANSTETTER|first=ZIVA|date=Jul 21, 2006|title=DA's race among most moneyed|work=Tulsa World|url=https://tulsaworld.com/archive/das-race-among-most-moneyed/article_f004c170-7058-5034-b230-722e8ba36f39.html}} Harris is the same DA who is associated with the now-exonerated Michelle Murphy and Corey Atchison.{{Cite news |title=Man declared actually innocent in 1990 slaying sues city again |work=Tulsa World |url=https://tulsaworld.com/news/local/crime-and-courts/man-declared-actually-innocent-in-1990-slaying-sues-city-again/article_5a627ca2-eb1e-11eb-ba2e-9f0623d8665a.html}}{{Cite news |title=Oklahoma Woman Who Wrongly Served 20 Years for the Murder of Her Infant Son Exonerated Based on DNA and Other Previously Undisclosed Evidence |work=Innocence Project |url=https://innocenceproject.org/oklahoma-woman-who-wrongly-served-20-years-for-the-murder-of-her-infant-son-exonerated-based-on-dna-and-other-previously-undisclosed-evidence/}} A former judge on the Oklahoma Court of Criminal Appeals, Charles Johnson, who recused himself only once on Wilkens's appeals but not for other times, officiated the wedding of Don Carlton and his wife in 1996 (before Terry Carlton's death) and Carlton's granddaughter, Jennifer Elizabeth Bruton.{{Cite web|author= |title=Green-Bruton|url=https://tulsaworld.com/archive/green-bruton/article_83764f8c-34c6-5e18-97a9-ad36f223cc40.html|access-date=2021-11-18|website=Tulsa World|language=en}}{{Cite web|title=Marriage Record 89 - Appellant's Brief, Pg. 83|url=https://aprilwilkensblog.files.wordpress.com/2020/08/appeal-from-judement.pdf|website=April Wilkens Blog}}

In March 2022, Wilkens was denied a parole hearing by the Oklahoma Pardon and Parole Board despite being granted a hearing in past applications for parole. Scott Williams, Richard Smothermon, and Edward Konieczny voted against her while Larry Morris was the only board member to vote yes. This came only days after the only woman on the board, Kelly Doyle, resigned.{{Cite news |last=Clay |first=Nolan |date=3 March 2022 |title=Oklahoma Pardon and Parole Board member Kelly Doyle resigns unexpectedly |work=The Oklahoman |url=https://www.oklahoman.com/story/news/2022/03/03/kelly-doyle-resigns-as-oklahoma-pardon-and-parole-board-member/9366454002/}} The same all-male board at the time that denied her a parole hearing recommended the Crossbow Killer, Jimmie Stohler, be granted parole in the same meeting.{{Cite news |title=Oklahoma Pardon & Parole Board Votes To Recommends Parole For 'Crossbow Killer' |work=News On 6 |url=https://www.newson6.com/story/6228bf5bd689eb07231f4c30/oklahoma-pardon--parole-board-votes-to-recommends-parole-for-crossbow-killer}} Larry Morris has worked in the past with federal judge Clare Eagan,{{Cite news |date=Mar 15, 2011 |title=Larry Morris's goal is not being in other's life |work=Tulsa World |url=https://tulsaworld.com/archive/larry-morris-goal-is-not-being-in-others-life/article_92f3e9c5-5e41-5673-8fb7-3831ed4cfdfe.html}} who wrote a 2005 affidavit in support of April Wilkens.{{Cite web |date=18 December 2021 |title=ON LARRY MORRIS OF THE OKLAHOMA PARDON AND PAROLE BOARD |url=https://aprilwilkensblog.wordpress.com/2021/12/18/on-larry-morris-of-the-oklahoma-pardon-and-parole-board/}} It was later uncovered that the current Tulsa DA's office of Steve Kunzweiler protested her parole with a letter stating that they saw her as a threat to public safety and that, if she were sentenced with the same conviction today, she would not be eligible for parole for another 17 years due to changes in sentencing for first-degree murder.{{Cite news |date=22 March 2022 |title=#AprilsStory The Lone Crusaders |work=VNN |url=https://www.youtube.com/watch?v=BY2RNxlXsLA}} This overlooks the fact that another woman's Oklahoma case, shortly after Wilkens's trial, argued the same defense (Battered Woman Syndrome) after killing her husband in his sleep, was sentenced to only four years only to have that conviction overturned a year later.{{Cite news |last=Pageley |first=Carrie |date=17 May 2002 |title=Court overturns woman's conviction in husband's death |work=The Oklahoman |url=https://www.oklahoman.com/story/news/2002/05/17/court-overturns-womans-conviction-in-husbands-death/62094636007/}}{{Cite news |last=Hartman |first=David |date=2 May 2021 |title=Woman gets 4 years in husband's death |work=The Oklahoman |url=https://www.oklahoman.com/story/news/2001/05/02/woman-gets-4-years-in-husbands-death/62148525007/}} Steve Kunzewiler's wife also donated to the previous Tim Harris campaign and Kunzweiler worked under Tim Harris.{{Cite web |title=FAMILY & PERSONAL |url=http://www.stevek4da.com/read-me |archive-url=https://web.archive.org/web/20220323104128/http://www.stevek4da.com/read-me |archive-date=23 March 2022 |url-status=dead}}{{Cite news |date=21 July 2006 |title=DA's race among most moneyed |work=Tulsa World |url=https://tulsaworld.com/archive/das-race-among-most-moneyed/article_f004c170-7058-5034-b230-722e8ba36f39.html |archive-url=https://web.archive.org/web/20210705231215/https://tulsaworld.com/archive/das-race-among-most-moneyed/article_f004c170-7058-5034-b230-722e8ba36f39.html |archive-date=5 July 2021 |url-status=dead}}

Tulsa Public Radio reported that, according to one of Wilkens's attorneys, Leslie Briggs, April was denied previous parole opportunities "partly because Carlton’s well-connected father, Don Carlton, protested at the parole board hearings." Don Carlton died in January 2022, before Wilkens was denied by the board in March 2022 for a stage II hearing -- "the more in-depth hearing where Carlton had previously spoken against her release. Briggs said it was the first time Wilkens had ever been denied a second step hearing in the parole process."{{Cite news |last=Caldwell |first=Elizabeth |date=9 September 2022 |title=Advocates push for relief for abuse survivors through interim study |work=Tulsa Public Radio |url=https://www.publicradiotulsa.org/local-regional/2022-09-09/advocates-push-for-relief-for-abuse-survivors-through-interim-study}} On September 30, 2022, McCarty and Briggs filed Post Conviction Relief for April Wilkens, claiming that evidence was suppressed during trial, resulting in a brady violation.{{Cite news |last=Rose |first=Brenna |date=4 October 2022 |title=Court documents claim prosecution failed to turn over evidence in Oklahoma murder trial |work=KTUL |url=https://ktul.com/news/local/court-documents-claim-prosecution-failed-to-turn-over-evidence-in-oklahoma-murder-trial}}{{Cite news |last=Harlow |first=Brittany |date=2 October 2022 |title=Attorneys demand 25-year-old murder sentence be tossed out or granted new trial |work=VNN |url=https://app.verifiednews.network/articles/share/2585}}{{Cite news |last=de Vera |first=Abbie |date=3 October 2022 |title=Okla. woman sentenced to life for murder in a 1999 domestic violence case may get new trial |work=FOX23 |url=https://www.fox23.com/news/okla-woman-sentenced-life-murder-1999-domestic-violence-case-may-get-new-trial/MYOGURWTQ5BURCMBAZMGTZDKXQ/}}{{Cite web |last=OK Appleseed |date=30 September 2022 |title=Post Conviction Relief Application Filed in April Wilkens Case |url=https://okappleseed.org/articles/f/post-conviction-relief-application-filed-in-april-wilkens-case}}{{Cite web |last=OSCN |title=No. CF-1998-2173 |url=https://www.oscn.net/dockets/GetCaseInformation.aspx?db=tulsa&number=CF-1998-2173&cmid=243403}} Before the filing, Tim Harris was accused of taking campaign contributions from the Brutons and Carltons (both family of Terry Carlton) and suppressing other evidence not mentioned in the filing.{{Cite news |last=Rose |first=Brenna |date=1 October 2022 |title=Lawyers claim evidence was 'suppressed' in 1998 Oklahoma murder trial |work=KTUL |url=https://ktul.com/news/local/lawyers-claim-evidence-was-suppressed-in-1998-oklahoma-murder-trial}} Her relief was denied, and in February 2023, they filed an appeal.{{Cite news |last=Harlow |first=Brittany |date=18 February 2023 |title=Legislation to help criminalized survivors get justice filed in Oklahoma |work=VNN |url=https://app.verifiednews.network/articles/share/2831}}

Release campaign and post-conviction news coverage

Verified News Network (VNN) Oklahoma began researching and reporting on the April Wilkens case in early 2021. Their coverage highlighted Oklahoma’s systemic failures in addressing domestic violence and how Wilkens’ case illustrates the broader issues of criminalized survivors within the state’s justice system, particularly relating to women. {{Cite news |last=Harlow |first=Brittany |date=4 October 2021 |title=Two decades later, a woman sentenced to life for killing her abuser still fights for freedom |work=VNN Oklahoma |url=https://app.verifiednews.network/articles/share/1998/}} In 2021, VNN Oklahoma won the 2021 Local Media Digital Innovation Awards “Best Digital News Project” for their illustrated news story “Two decades later, a woman sentenced to life for killing her abuser still fights for freedom” about the April Wilkens case. {{Cite web |title=2021 Local Media Digital Innovation Awards Winners |url=https://localmedia.org/2021-local-media-digital-innovation-awards-winners/}}

In mid 2022, Leslie Briggs and Colleen McCarty started a podcast where April Wilkens was the subject, with the intent that "listeners should expect case details in upcoming episodes that the jury in the trial never got to hear.".{{Cite news |last=de Vera |first=Abbie |date=28 June 2022 |title='Panic Button' crime podcast releases first episode on 1998 Tulsa murder case |work=Fox23 |url=https://www.fox23.com/news/panic-button-crime/BROE3EFTLBCILJW6QCQOGCJTKU/}} It is estimated that around 500 other women are incarcerated in Oklahoma like April Wilkens related to their circumstance of being abused,{{Cite web |title=June 28, 2022, we're releasing a new podcast: Panic Button. |url=https://okappleseed.org/panic-button-podcast}}{{Cite news |date=2022 |title=April Wilkens case gets dedicated podcast series |work=VNN |url=https://app.verifiednews.network/articles/share/2395}} a "phenomenon of criminalized survivors in Oklahoma prisons."{{Cite web |title=WHAT IF NO ONE WAS COMING TO SAVE YOU? |url=https://okappleseed.org/panic-button-read-more}} The podcast, called “Panic Button," is titled so because "'during the Spring of 1998, April wore a panic button around her neck that would have triggered her home alarm from anywhere."{{Cite news |date=2022 |title='Panic Button' crime podcast releases first episode on 1998 Tulsa murder case |work=KRMG |url=https://www.krmg.com/news/panic-button-crime-podcast-releases-first-episode-1998-tulsa-murder-case/R3NV6FQQYFEHNMWVBOTR7F5F2Y/}} Even VNN Oklahoma's Brittany Harlow, who covered April's Wilkens' case the year before the podcast launched, has learned new aspects of the case through the podcast.{{Cite news |date=29 June 2022 |title=VNN LIVE {{!}} April Wilkens Update |work=YouTube |url=https://www.youtube.com/watch?v=s_ETSQrw8Dc}} A week after the podcast released the first episode, it had "over 1,000 listeners, is currently the number one non-profit podcast on the app Goodpods and in the top 5% of all podcasts."{{Cite news |date=5 July 2022 |title='Panic Button' crime podcast takes us deeper into a 'Small Town Girl Living in a Violent World' |work=KRMG |url=https://www.krmg.com/news/panic-button-crime-podcast-takes-us-deeper-into-small-town-girl-living-violent-world/TYXVOMUKXFH6VPU6BAMWQGUZRQ/}} Oklahoma's criminal code, like most U.S. states, does not "offer reduced sentencing for abuse survivors. Only Illinois and New York have such a law" and it was reported in 2021 "that they rarely result in shorter sentences."{{Cite news |last=Bryant |first=Mollie |date=17 June 2022 |title=Improved access to mental health care in Oklahoma could help reduce female incarceration, advocates say |work=Big if True |url=https://www.bigiftrue.org/2022/06/17/oklahoma-female-incarceration/}} This legislation could also help women sentenced under failure to protect laws.{{Cite news |last=VNN |title=VNN LIVE {{!}} April Wilkens Updates |work=YouTube |url=https://www.youtube.com/watch?v=WtfaFUabJwo}}{{Cite news |date=2022 |title=Are 'failure to protect' laws failing mothers? |work=NPR |url=https://www.npr.org/2022/08/17/1118009546/are-failure-to-protect-laws-failing-mothers}}

The podcast wrapped up with a live panel at Tulsa's Center for Public Secrets. The Carltons never responded to the podcast hosts' request for an interview or comment.{{Cite news |date=23 September 2022 |title=Panic Button ends on "Battered Woman Syndrome," a juror, advocates & the Center for Public Secrets |work=Fox23 |url=https://www.fox23.com/news/panic-button-ends-battered-woman-syndrome-juror-advocates-center-public-secrets/FQRJUUMJOJAVVODUHA53FJXLGY/}}

= Legislation =

== Oklahoma Domestic Abuse Survivorship Act ==

In a mid-September 2022 Oklahoma House interim study brought by Representative Toni Hasenbeck, Wilkens's story was used to explain the need for new legislation that could give second look resentencing to many currently in Oklahoma prisons.{{Cite news |last=Krehbiel |first=Randy |date=14 September 2022 |title=Fighting back often lands domestic violence targets in jail, legislative panel told |work=Tulsa World |url=https://tulsaworld.com/news/state-and-regional/govt-and-politics/fighting-back-often-lands-domestic%5b1%5dviolence-targets-in-jail-legislative-panel-told/article_7fb8b362-338f-11ed-a52c-1f5ec1b032d6.html}}{{Cite web |date=2022 |title=Interim Study 22-019: Criminalized Domestic Violence Survivors |url=https://www.okhouse.gov/Documents/InterimStudies/2022/22-019_Criminalized%20Domestic%20Violence%20Survivors_Oklahoma%20Appleseed%20Center%20for%20Law%20&%20Justice_presentation.pdf}}{{Cite web |date=2022 |title=OK House Studies Criminalized Survivorship |url=https://okappleseed.org/articles/f/ok-house-studies-criminalized-survivorship}}{{Cite news |date=2022 |title=Advocates seek to stop criminalizing domestic abuse survivors |work=Enid News & Eagle |url=https://www.enidnews.com/news/advocates-seek-to-stop-criminalizing-domestic-abuse-survivors/article_6ce0962a-346f-11ed-b246-a365995d0a9b.html}}{{Cite news |date=2022 |title=When moms fight back: Stories from the Capitol |work=VNN |url=https://app.verifiednews.network/articles/share/2525}} In January 2023, Hasenbeck authored and filed HB 1639 that "would allow a survivor to enter into a lesser sentencing range when evidence of abuse has been substantiated" and offered "nuance in sentencing."{{Cite news |last=Marshall |first=Paula |date=18 February 2023 |title=Opinion: Domestic violence is at root of why many women are sent to Oklahoma prisons |work=Tulsa World |url=https://tulsaworld.com/opinion/columnists/opinion-domestic-violence-is-at-root-of-why-many-women-are-sent-to-oklahoma-prisons/article_32e95712-abee-11ed-80d8-8f279cceb9a1.html}} At least 156 women at Mabel Bassett wrote "letters claiming to have experienced intimate partner violence at the time their crime was committed."{{Cite news |last=Rose |first=Brenna |date=2022 |title=Survived and Sentenced: Are Oklahoma's laws failing domestic violence survivors? |work=KTUL |url=https://ktul.com/news/local/survived-and-sentenced-are-oklahomas-laws-failing-domestic-violence-survivors#}} The bill was originally called the Universal Defense Act,{{Cite news |last=Rose |first=Brenna |date=17 February 2023 |title=Oklahoma Domestic Abuse Survivorship Act introduced in House |url=https://ktul.com/news/local/oklahoma-domestic-abuse-survivorship-act-introduced-in-house#}} and the attorney general Drummond seems supportive of solutions the bill attempted to address.{{Cite news |date=10 February 2023 |title='Very discouraging': Attorney General Drummond on domestic violence in Oklahoma |work=KTUL |url=https://ktul.com/news/local/very-discouraging-ag-drummond-on-domestic-violence-in-oklahoma#}} Hasenbeck has said “For whatever reason women have this problem in the court system that they end up with larger prison sentences then typically the men that were producing the acts to lead to the final act."{{Cite news |last=Rose |first=Brenna |date=4 February 2023 |title='It would mean that they finally believe us': New bill targets domestic abuse survivors |work=KTUL |url=https://ktul.com/news/local/it-would-mean-that-they-finally-believe-us-new-bill-targets-domestic-abuse-survivors#}} Colleen McCarty says that legislation is necessary because the parole process has not helped Wilkens and other women.{{Cite news |date=1 March 2023 |title=Survivor Justice Days: OK Appleseed advocating for 'Daughters of Okla.' |work=Fox 23 |url=https://www.fox23.com/news/survivor-justice-days-ok-appleseed-advocating-for-daughters-of-okla/article_5fa5ec52-b61b-11ed-9de6-6352d7b3dcc8.html}} Wilkens has never been able to "use the evidence of her domestic abuse in her appeal for early release."{{Cite news |last=Felder |first=Ben |date=1 March 2023 |title=She killed her abuser. An Oklahoma House committee passed a bill that could set her free. |work=The Oklahoman |url=https://www.oklahoman.com/story/news/politics/government/2023/03/01/oklahoma-house-bill-1639-could-help-imprisoned-domestic-violence-victims/69957617007/}}

On March 1, 2023, the bill unanimously passed the Oklahoma House Judiciary—Criminal Committee. The Sentencing Project thanked the members for passing the bill out of committee.{{Cite news |last=Cruz |first=Natalie |date=1 March 2023 |title=OKLAHOMA HOUSE VOTES TO PASS DOMESTIC ABUSE SURVIVORS SENTENCING BILL |work=News on 6 |url=https://www.newson6.com/story/63ff725ec1e837047f7bd2e1/oklahoma-house-voting-on-domestic-abuse-survivors-sentencing-bill}}{{Cite news |date=1 March 2023 |title=Oklahoma lawmakers push forward new bill surrounding domestic abuse cases |work=KOCO |url=https://www.koco.com/article/oklahoma-lawmakers-bill-domestic-abuse-cases/43147739}} The committee members included Rande Worthen (chair), Collin Dule, John George, Jason Lowe, Stan May, Lonnie Sims, and Judd Strom. After the bill passed committee, Wilkens was quoted as saying on a phone interview that “So many women in prison with me here have told me just chilling stories about the abuse they’ve suffered too before coming here."{{Cite news |last=Rose |first=Brenna |date=1 March 2023 |title=Oklahoma bill to reduce sentences for convicted domestic abuse survivors clears hurdle |work=KTUL |url=https://ktul.com/news/local/oklahoma-house-passes-domestic-abuse-survivors-sentencing-bill}} Before and after the bill passed committee, advocates for Wilkens and other criminalized survivors visited the capitol to speak with legislators and conduct art projects.{{Cite news |date=1 March 2023 |title=Video: Okla. lawmakers considering bill lowering sentences for abuse victims |work=Fox 23 |url=https://www.fox23.com/video-okla-lawmakers-considering-bill-lowering-sentences-for-abuse-victims/video_80846690-b875-11ed-90be-8fc14fb879c7.html}}{{Cite news |date=3 March 2023 |title=The Survivor Voices Project: Listen to their courageous stories |work=Fox 23 |url=https://www.fox23.com/news/the-survivor-voices-project-listen-to-their-courageous-stories/article_b7de62d6-ba22-11ed-bdf1-fb3f0dece894.html}} Though the bill passed committee, Hasenbeck did strike the title of the bill, which allowed changes to be made to the language of the bill.{{Cite news |date=1 March 2023 |title=Bill to reduce sentences for convicted domestic abuse victims passes through Oklahoma House committee |work=Oklahoma News 4 |url=https://kfor.com/news/local/bill-to-reduce-sentences-for-convicted-domestic-abuse-victims-passes-through-oklahoma-house-committee/}} A similar bill was passed in California.{{Cite web |last=Tulsa's NewsChannel 8 |date=27 February 2023 |title=Abuse survivor trying to change domestic violence laws |website=YouTube |url=https://www.youtube.com/watch?v=htarlet6QD4&list=PLLscbHtV8C3obZJrATmpIxORX5mpBH3nx}} Hasenbeck noted specifically that "women can face many forms of coercion in a relationship, including everything from the loss of economic security to the threat of dissemination of non-consensual pornography."{{Cite news |last=Carter |first=Ray |date=22 March 2023 |title=LAWMAKERS LOOK TO BOLSTER DEFENSE FOR ABUSED & RAPED WOMEN |work=OCPA |url=https://www.ocpathink.org/post/lawmakers-look-to-bolster-defense-for-abused-raped-women}} Dr. David McLeod of Oklahoma University wrote an op-ed in support of adding retroactivity back in, saying "I encourage Oklahoma legislators to pass HB 1639 with full retroactivity, and to limit sentences to 10 years and allow courts to rehear cases and hand down shorter sentences to people who show a significant link between the domestic violence they experienced and their crime."{{Cite news |date=2 April 2023 |title=Guest: Enough is enough, Oklahoma. Women shouldn't be punished for defending themselves |work=The Oklahoman |url=https://www.oklahoman.com/story/opinion/2023/04/02/guest-stop-punishing-women-for-defending-themselves-against-abusers/70056001007/}}

The bill was voted on in the Oklahoma House on March 22, 2023, and passed the House in a 91–0 vote. Senator Julie Daniels was the Senate author of the bill.{{Cite web |date=2023 |title=Bill Information for HB 1639 |url=http://www.oklegislature.gov/BillInfo.aspx?Bill=HB%201639&Session=2300}} However, the retroactivity language of the bill was removed, meaning as it was passed it would not help people already incarcerated. Hasenbeck "significantly amended the bill ahead of its vote in the Oklahoma House...effectively gutting it." The state's "influential District Attorneys Council pushed for a watered-down version that would not have helped Wilkens or any other survivors currently in prison, simply giving judges discretion to impose lighter sentences for people convicted of crimes against abusive partners in the future."{{Cite web |last1=Barajas |first1=Michael |last2=Law |first2=Victoria |date=2023-05-30 |title=Sentencing Reforms for Domestic Abuse Survivors Derail in Oklahoma |url=https://boltsmag.org/oklahoma-domestic-abuse-survivors-sentencing-reform/ |access-date=2023-06-02 |website=Bolts |language=en}} Representative Cyndi Munson questioned why changes were made from the original bill and Hasenbeck replied it was due to needing to make concessions.{{Cite web |date=22 March 2023 |title=House of Representatives First Regular Session of the 59th Legislature Day 27 Morning Session (11:42:50) |url=https://sg001-harmony.sliq.net/00283/Harmony/en/PowerBrowser/PowerBrowserV2/20230322/-1/53547}}{{Cite news |last=Rose |first=Brenna |date=22 March 2023 |title=Groundbreaking domestic violence bill passes Oklahoma House |work=Channel 8 |url=https://ktul.com/news/local/groundbreaking-domestic-violence-bill-passes-oklahoma-house}} Mother Jones reported that it was to "make the bill more palatable to other Republicans" because the Oklahoma District Attorneys Council is "a powerful lobbying group of local prosecutors" that "reportedly opposes retroactive relief."{{Cite news |last=Michaels |first=Samantha |date=2023 |title=Oklahoma Lawmakers Are Watering Down a Bill That's Supposed to Help Domestic Violence Survivors |work=Mother Jones |url=https://www.motherjones.com/crime-justice/2023/03/oklahoma-lawmakers-are-watering-down-a-bill-thats-supposed-to-help-domestic-violence-survivors/}} The Oklahoma Appleseed Center for Law and Justice released a statement asking the Senate to add retroactivity back in and saying that often the prosecution of current criminalized survivors tries "to keep out the evidence of the abuse because it was prejudicial to their cases." They were "told the Oklahoma House leadership would not hear a bill on the floor that provided 'retroactive relief' to people in prison. They were, however, amenable to prospective relief for survivors who have yet to enter the justice system [and that] thee prosecution and extreme sentencing of survivors is a problem, but [Oklahoma] will only commit to fixing that problem going forward.{{Cite web |date=23 March 2023 |title=HB 1639 PASSED THE OK HOUSE UNANIMOUSLY–BUT WHO IS LEFT BEHIND? |url=https://okappleseed.org/articles/f/hb-1639-passed-the-ok-house-unanimously%E2%80%93but-who-is-left-behind}} {{Cite web |date=23 March 2023 |title=HB 1639 PASSED THE OK HOUSE UNANIMOUSLY–BUT WHO IS LEFT BEHIND? |url=https://okappleseed.org/articles/f/hb-1639-passed-the-ok-house-unanimously%E2%80%93but-who-is-left-behind}} Many other organizations, such as DVIS and SheBrews and persons involved in the OK Survivor Justice Coalition voiced their concern but hope in the bill.{{Cite web |date=22 March 2023 |title=HB 1639 PASSED THE OK HOUSE OF REPRESENTATIVES 91-0. |url=https://oksurvivorjusticecoalition.org/release-on-house-passage}} Hasenbeck said "she plans to develop future legislation to expand the Act so that Oklahomans such as April Wilkens...can have a chance at freedom."{{Cite news |date=22 March 2023 |title=Bill aiding domestic abuse survivors unanimously passes Oklahoma House of Representatives |work=Fox25 |url=https://okcfox.com/news/local/bill-aiding-domestic-abuse-survivors-unanimously-passes-oklahoma-house-of-representatives-domestic-abuse-survivorship-act-house-bill-1639-hb1639-legislation-politics-representative-toni-hasenbeck-republican-elgin-oklahoma-okc-march-22-2023}} Hasenbeck has stated that, because of HB 1639, she has had District Attorneys in her office who dislike the bill "because they don't want to have lookbacks" on their past cases if retroactivity is retained in the language.{{Citation |title=Oklahoma's Domestic Abuse Problem and the Rep. Trying to Protect Survivors {{!}} Amanpour and Company |url=https://www.youtube.com/watch?v=POlbarHTxEM |access-date=2023-05-19 |language=en}} Daniels herself was quoted as implying she didn't think the bill would pass this session, and that she "did suggest that maybe the bill just be laid over and worked on over the interim (session)...”{{Cite web |title=Oklahoma self-defense laws often don't protect women who kill their abusers. One bill hopes to change that |url=https://www.oklahoman.com/story/news/politics/government/2023/04/16/self-defense-laws-oklahoma-house-bill-wants-protect-women-charged-murder-domestic-violence-abuse/70067764007/ |access-date=2023-06-02 |website=The Oklahoman |language=en-US}}

When the session ended, the retroactive language had not been added back in and the bill did not go to the floor for a vote.{{Cite web |date=2023-06-01 |title=Okla. survivor bill fails to pass, fight for justice continues for all victims of abuse |url=https://www.fox23.com/news/okla-survivor-bill-fails-to-pass-fight-for-justice-continues-for-all-victims-of-abuse/article_cdc0341c-00c2-11ee-8c6a-231ef31712be.html |access-date=2023-06-02 |website=www.fox23.com |language=en}} {{Cite web |title=Advocates vow return of abuse survivor bill that died during regular session |url=https://app.verifiednews.network/articles/share/2992 |access-date=2023-06-02 |website=Verified News Network}} The OK Survivor Justice Coalition released a statement saying they will continue to fight for those who are incarcerated for fighting against their abuser.{{Cite web |last=Coalition |first=OK Survivor Justice |title=OK Survivor Justice Coalition |url=https://oksurvivorjusticecoalition.org/ |archive-url=https://web.archive.org/web/20230602185705/https://oksurvivorjusticecoalition.org/ |archive-date=June 2, 2023 |access-date=2023-06-02 |website=OK Survivor Justice Coalition |language=en-US}} Advocates of the coalition held a "press conference on the steps of the Capitol to plead with legislators to restore retroactivity and allow those domestic violence victims in prison to be included in the law change. The bill was released from conference but never scheduled on the House floor to be heard with the new language."{{Cite web |last=Justice |first=Oklahoma Appleseed Center for Law and |title=2023 Legislative Session Wrap Up |url=https://okappleseed.org/articles/f/2023-legislative-session-wrap-up |access-date=2023-06-02 |website=Oklahoma Appleseed Center for Law and Justice |language=en-US}}{{Citation |title=Survivor Justice Press Conference on HB 1639 |url=https://www.youtube.com/watch?v=Bg5t3wzVXoo |access-date=2023-06-02 |language=en}} {{Cite web |last=Sentinel |first=Patrick B. McGuigan, The City |date=2023-05-24 |title=Late, or Never? Advocates for women incarcerated for defending themselves against violent aggressors plead for the 'retroactive' aspects of the original House Bill 1639: Analysis |url=https://www.city-sentinel.com/community/late-or-never-advocates-for-women-incarcerated-for-defending-themselves-against-violent-aggressors-plead-for/article_797a3d36-fa45-11ed-8496-c7f5af57de46.html |access-date=2023-06-02 |website=Oklahoma City Sentinel |language=en}} {{Cite web |title=Domestic Abuse Survivorship Act rally at the Capitol in Oklahoma City |url=https://www.msn.com/en-us/news/politics/domestic-abuse-survivorship-act-rally-at-the-capitol-in-oklahoma-city/ss-AA1bDgD4 |access-date=2023-06-02 |website=MSN |language=en-US}} {{Cite web |title='Why are they doing this to us?': Survivors of domestic abuse hold vigil at OK Capitol |url=https://okcfox.com/news/local/why-are-they-doing-this-to-us-survivors-of-domestic-abuse-hold-vigil-at-oklahoma-capitol-house-bill-1639-hb1639-domestic-abuse-survivorship-act-victim-appleseed-center-for-law-and-justice-john-echols-house-senate-statistics-politics-okc |access-date=2023-06-02 |website=okcfox.com}} {{Cite web |title=Oklahoma bill aids those who killed their abusers, but not those already behind bars |url=https://www.oklahoman.com/story/news/politics/government/2023/05/23/oklahoma-legislature-domestic-violence-bill-rally-hb-1639-changes-protested/70243200007/ |access-date=2023-06-02 |website=The Oklahoman |language=en-US}} {{Cite web |last=White |first=Michele |date=2023-05-23 |title=Have Okla. lawmakers forgotten 'Domestic Violence Survivors Left Behind Bars?' |url=https://www.fox23.com/news/have-okla-lawmakers-forgotten-domestic-violence-survivors-left-behind-bars/article_8217f4da-f99e-11ed-93a9-2bc181109359.html |access-date=2023-06-02 |website=www.fox23.com |language=en}} {{Cite web |last=Thomas |first=Kilee |date=2023-05-23 |title=Domestic violence survivors, advocates rally on steps of Oklahoma Capitol |url=https://www.koco.com/article/oklahoma-domestic-violence-advocates-rally/43980582 |access-date=2023-06-02 |website=KOCO |language=en-US}} {{Cite web |last=Report |first=City Sentinel Staff |date=2023-05-22 |title=Legal Reform Groups, Domestic Violence Survivors, and Families Host Press Conference and Vigil at Oklahoma State Capitol |url=https://www.city-sentinel.com/community/legal-reform-groups-domestic-violence-survivors-and-families-host-press-conference-and-vigil-at-oklahoma/article_76fb8436-f8bd-11ed-8ccd-07a803a3db1e.html |access-date=2023-06-02 |website=Oklahoma City Sentinel |language=en}} This was despite House Floor leader Jon Echols saying he "supports making the legislation retroactive."{{Cite web |last=Staff |first=Brenna Rose, KTUL |date=2023-05-22 |title=Man with reduced sentence for killing abusive dad advocates for Oklahoma abuse survivors |url=https://ktul.com/news/local/man-with-reduced-sentence-for-killing-abusive-dad-advocates-for-oklahoma-abuse-survivors |access-date=2023-06-02 |website=KTUL |language=en}}

== Oklahoma Survivorship Act ==

In May 2024, new legislation was introduced and backed by the same advocates who supported the 2023 attempt, sponsored by Jon Echols and Greg Treat. It overcame a veto by Governor Kevin Stitt.{{Cite web |last=McLeod |first=Morgan |date=2024-05-25 |title=Oklahoma Survivors’ Act Overcomes Veto |url=https://www.sentencingproject.org/newsletter/oklahoma-survivors-act-overcomes-veto/ |access-date=2025-04-02 |website=The Sentencing Project |language=en-US}}{{Cite news |last=Empson |first=Olivia |date=2024-06-17 |title=Oklahoma law to allow resentencing for incarcerated domestic violence survivors |url=https://www.theguardian.com/us-news/article/2024/jun/17/oklahoma-survivors-act-domestic-violence |access-date=2025-04-02 |work=The Guardian |language=en-GB |issn=0261-3077}} {{Cite web |date=2024-09-13 |title=This new law in Oklahoma could give survivors of domestic violence in prison a second chance |url=https://www.pbs.org/newshour/nation/for-incarcerated-survivors-of-domestic-violence-a-new-oklahoma-law-is-another-chance-at-justice |access-date=2025-04-02 |website=PBS News |language=en-us}}{{Cite web |title=Progress on the Oklahoma Survivors’ Act Implementation |url=https://www.okappleseed.org/articles/progress-on-the-oklahoma-survivors-act-implementation |access-date=2025-04-02 |website=Oklahoma Appleseed Center for Law & Justice |language=en-US}} Three weeks after the Oklahoma Survivor's Act was passed in 2024, legislation that would resentence criminalized survivors like April Wilkens, Tulsa District Attorney Steve Kunzweiler's office came under scrutiny for creating a waiver that would get abuse victims to waive away their rights under the new law, to the outcry of domestic violence advocates, including the CEO of the YWCA in Oklahoma City.{{Cite web |last=Barajas |first=Michael |last2=Law |first2=Victoria |date=2024-05-24 |title=Oklahoma Gives Incarcerated Survivors of Domestic Violence a New Chance at Freedom |url=https://boltsmag.org/oklahoma-survivors-act/ |access-date=2025-04-02 |website=Bolts |language=en}} {{Cite web |date=2024-09-18 |title=Oklahoma Prosecutors Consider Plan That Would ‘Prey’ On Domestic Violence Survivors |url=https://www.huffpost.com/entry/tulsa-county-district-attorney-oklahoma-survivors-act_n_66eb2640e4b00648275ba784 |access-date=2025-04-02 |website=HuffPost |language=en}} {{Cite web |last=World |first=Curtis Killman Tulsa |date=2024-09-20 |title=Tulsa DA Kunzweiler defends plan for handling Oklahoma Survivors' Act cases |url=https://tulsaworld.com/news/article_3ad5cfde-7792-11ef-ae94-4f27d61969e9.html |access-date=2025-04-02 |website=Tulsa World |language=en}}{{Cite web |date=2024-09-22 |title=Kunzweiler clarifies Survivors' Act views after legal form surfaces |url=https://www.publicradiotulsa.org/local-regional/2024-09-22/kunzweiler-clarifies-survivors-act-views-after-legal-form-surfaces |access-date=2025-04-02 |website=Public Radio Tulsa |language=en}}{{Cite web |last=Rose |first=Brenna |date=2024-09-17 |title=Advocates denounce Tulsa County DA plea policy as harmful to domestic abuse survivors |url=https://ktul.com/news/local/tulsa-county-da |access-date=2025-04-02 |website=KTUL |language=en}} {{Cite web |title=FJP Statement on Tulsa DA’s Attempts to Circumvent the Oklahoma Survivors’ Act |url=https://fairandjustprosecution.org/press-releases/fjp-statement-on-tulsa-das-attempts-to-circumvent-the-oklahoma-survivors-act/ |access-date=2025-04-02 |website=Fair and Just Prosecution |language=en-US}} {{Cite web |last=Coalition |first=OK Survivor Justice |title=OK Survivor Justice Coalition |url=https://oksurvivorjusticecoalition.org/ |archive-url=https://web.archive.org/web/20250319093615/https://oksurvivorjusticecoalition.org/ |archive-date=March 19, 2025 |access-date=2025-04-02 |website=OK Survivor Justice Coalition |language=en-US}} They accused him of "forcing domestic violence victims charged with crimes to give up their rights if they want plea agreements."{{Cite web |last=Hoberock |first=Barbara |title=Oklahoma prosecutor accused of undermining abuse victims charged with crimes |url=https://www.oklahoman.com/story/news/2024/09/19/tulsa-county-stephen-kunzweiler-accused-undermining-abuse-victims-oklahoma-survivors-act/75291289007/ |access-date=2025-04-02 |website=The Oklahoman |language=en-US}} Kunzweiler defended the form, saying that similar forms are used in other types of cases.{{Cite web |last=Media |first=Griffin |title=District Attorney Kunzweiler Responds To Claims That He Is Strong-Arming Victims To Give Up Rights Under New Law |url=https://www.newson6.com/story/66f1ed65cb18a8df8ef25cb2/district-attorney-kunzweiler-responds-to-claims-that-he-is-strong-arming-victims-to-give-up-rights-under-new-law |access-date=2025-04-02 |website=www.newson6.com |language=en}}

April Wilkens was the first to apply for resentencing under this new legislation when it took effect in August 2024, but was not the first released. Lisa Moss was released in Seminole county in 2025.{{Cite web |title=Williams, Roberts Recognize Lisa Moss, Oklahoma Survivors’ Act |url=https://www.okhouse.gov/posts/20250211_1 |access-date=2025-04-02 |website=Oklahoma House of Representatives |language=en}} {{Cite web |date=2025-03-11 |title=A New Day for Lisa Moss - The Pickup |url=https://thepickup.com/a-new-day-for-lisa-moss |access-date=2025-04-02 |website=thepickup.com |language=en}}{{Cite web |title=The Oklahoman Subscription Offers, Specials, and Discounts |url=https://subscribe.oklahoman.com/restricted?return=https%3A%2F%2Fwww.oklahoman.com%2Fstory%2Fnews%2F2025%2F02%2F06%2Foklahoma-survivors-act-seven-women-victims-abuse-file-resentencing%2F77746758007%2F&gps-source=CPROADBLOCKDH&itm_source=roadblock&itm_medium=onsite&itm_campaign=premiumroadblock&gca-cat=p&theme=twentyfour&gnt-eid=control |access-date=2025-04-02 |website=subscribe.oklahoman.com}} {{Cite web |last=Rose |first=Brenna |date=2024-08-29 |title=First application filed for retroactive sentencing relief under Oklahoma Survivors' Act |url=https://ktul.com/news/local/first-application-filed-for-retroactive-sentencing-relief-under-oklahoma-survivors-act-april-wilkens-survivor-sentence-victims-domestic-abuse-abuser-governor-veto-overridden-domestic-violence-rate-oklahoma-appleseed-center-law-justice-incarcerated |access-date=2025-04-02 |website=KTUL |language=en}} {{Cite web |last=World |first=Curtis Killman Tulsa |date=2024-08-29 |title=Woman seeks release from prison under Oklahoma Survivors Act |url=https://tulsaworld.com/news/local/crime-courts/woman-seeks-release-from-prison-under-oklahoma-survivors-act/article_8db4349c-660e-11ef-8c4a-53f80f38a1c3.html |access-date=2025-04-02 |website=Tulsa World |language=en}} In 2025, advocates questioned why Wilkens still had no hearing date set.{{Cite web |last=Hayes |first=John |title=First applicant for Oklahoma Survivors’ Act relief still waiting for hearing |url=https://kfor.com/news/local/first-applicant-for-oklahoma-survivors-act-relief-still-waiting-for-hearing/}}{{Cite news |date=2025 |title=This Oklahoma law aims to ease sentencing for convicted abuse survivors. Is it working? |url=https://www.oklahoman.com/story/news/politics/courts/2025/02/06/oklahoma-survivors-act-helps-victims-domestic-abuse-convicted-defense/77746943007/ |work=The Oklahoman}}

OSA resentencing hearing

In early 2025, April Wilkens's attorneys accused Tulsa District Attorney Steve Kunzweiler of dragging out the process to get her a resentencing hearing under the Oklahoma Survivors Act.{{Cite news |date=7 April 2025 |title=Attorneys accuse Tulsa DA of dragging out Wilkens resentencing case |url=https://kfor.com/video/attorneys-accuse-tulsa-da-of-dragging-out-wilkens-resentencing-case/10608563/}} They filed a Petition for Writ of Habeas Corpus, where Wilkens’s "defense team calls her incarceration 'unlawful;' an 'unreasonable over-detention' and a 'violation of Wilkens’ Fourth, Fifth and Fourteenth Amendment rights.'"{{Cite news |date=2025-04-07 |title=April Wilkens’ lawyers request release, call her incarceration “unlawful” |url=https://kfor.com/news/local/april-wilkens-lawyers-request-release-call-her-incarceration-unlawful |archive-url=http://web.archive.org/web/20250410062139/https://kfor.com/news/local/april-wilkens-lawyers-request-release-call-her-incarceration-unlawful/ |archive-date=2025-04-10 |access-date=2025-04-26 |work=KFOR.com Oklahoma City |language=en-US}} Though Wilkens was the first to apply for resentencing, she was not the first granted a hearing or released.{{Cite web |last=Rose |first=Brenna |date=2025-04-07 |title=Judge grants habeas hearing for Oklahoma woman 'serving an illegal sentence', lawyers say |url=https://ktul.com/news/local/judge-grants-habeas-hearing-for-oklahoma-woman-serving-an-illegal-sentence-lawyers-say-oklahoma-survivors-act-tulsa-county-district-attorney-sentencing-hearing-1998-murder-ex-fiance-retroactive-sentencing-relief-evidence |access-date=2025-04-26 |website=KTUL |language=en}} {{Cite web |last=Rose |first=Brenna |date=2025-02-27 |title=Oklahoma Survivors' Act leads to first resentencing as Lisa Rae Moss regains freedom |url=https://ktul.com/news/local/oklahoma-survivors-act-leads-to-first-resentencing-as-lisa-rae-moss-regains-freedom-domestic-violence-victim-husband-death-abuse-brother-oklahoma-center-law-justice-oklahoma-district-attorneys-council-governor-kevin-stitt-survivor-justice-coalition |access-date=2025-04-26 |website=KTUL |language=en}} {{Cite web |last=Thomas |first=Kilee |date=2025-01-09 |title=She spent 34 years in prison after killing her abuser. A new Oklahoma law helped free her |url=https://www.koco.com/article/oklahoma-lisa-moss-survivors-act-retrial-domestic-abuse/63374997 |access-date=2025-04-26 |website=KOCO |language=en}} The judge, Clifford Smith, granted the Habeas hearing for Wilkens.{{Cite web |date=2025-04-07 |title=Judge grants habeas corpus hearing for OK woman, lawyers allege incarceration "unlawful" under OK Survivors' Act |url=https://www.fox23.com/news/judge-grants-habeas-corpus-hearing-for-ok-woman-lawyers-allege-incarceration-unlawful-under-ok-survivors/article_fd8bf606-ca72-45f7-b731-bb38712a58d9.html?fbclid=IwY2xjawJ5ybhleHRuA2FlbQIxMQBicmlkETFRNE5iSlI4NjFBelRWemNNAR7jAEuTd5N6q3cT-SJzYvPY1v7lJqCE0P5hy6REHbQnPEaNeEAMfroqZ4Rh-A_aem_YyGiiZLdaWFtuxrdra2Fgw |access-date=2025-04-26 |website=www.fox23.com |language=en}} The hearing will be about her supervised release until she is granted an OSA resentencing hearing date.{{Cite web |title=Lawyers argue survivor’s incarceration is “unlawful” following passage of Oklahoma Survivors’ Act |url=https://app.verifiednews.network/articles/share/3903 |access-date=2025-04-26 |website=Verified News Network}} The Habeas hearing was scheduled for May 13, 2025.{{Cite web |title=OSCN |url=https://www.oscn.net/dockets/GetCaseInformation.aspx?db=tulsa&number=CF-1998-2173&cmid=243403}}

In response to Judge Smith granting the Habeas hearing, Kunzweiler released a statement to media, claiming Terry Carlton had also taken out protective orders against Wilkens, though Channel 8 KTUL could find no evidence that had happened.{{Cite web |last=Rose |first=Brenna |date=2025-04-07 |title=Judge grants habeas hearing for Oklahoma woman 'serving an illegal sentence', lawyers say |url=https://ktul.com/news/local/judge-grants-habeas-hearing-for-oklahoma-woman-serving-an-illegal-sentence-lawyers-say-oklahoma-survivors-act-tulsa-county-district-attorney-sentencing-hearing-1998-murder-ex-fiance-retroactive-sentencing-relief-evidence |access-date=2025-04-26 |website=KTUL |language=en}}

See also

References

{{reflist}}