Tulsa woman convicted of 1998 murder to stay in prison while hoping to be released under 2024 state law

A Tulsa woman wants to be released from prison after serving 27 years for killing her ex-boyfriend in 1998.

April Wilkens was sentenced to life in prison but their attorneys say she should be released based on the recently passed Oklahoma Survivor’s Act, which says people can serve shorter sentences if the person they killed had abused them.

Related: Filing Begins For Incarcerated Domestic Violence Victims To Receive Reduced Sentences

The judge didn’t release Wilkens on Tuesday, but said there will be a hearing soon to look at all the evidence and decide then.

WHAT HAPPENED

A Tulsa County jury found Wilkens guilty of murdering Terry Carlton in April of 1998.

Court documents show Wilkens told investigators at the time that she was being sexually and physically abused by Carlton.

DEFENSE ATTORNEY’S STATEMENTS

Wilkens’ current attorneys say Wilkens shot him in self-defense after he had handcuffed her.

Her attorneys argued in court Tuesday that under the Oklahoma Survivor’s Act, her sentence should be 25 years, and she’s already served 27.

They are upset she wasn’t released Tuesday, but are glad a judge will hear the evidence soon.

"While we are disappointed that Ms. Wilkens will remain in custody, presently, we are enthused that the court has set a firm resentencing date,” said Colleen McCarty, one of her attorneys. “You can find that on the docket sheet today. We remain steadfast, we remain fighting for her case, we remain fighting for her freedom, and we believe when we put the case on, the evidence will speak for itself."

DISTRICT ATTORNEY’S STATEMENTS

Tulsa County District Attorney Serve Kunzweiler says his office is doing all they can to speed the process up, but wants to make sure they do it right.

"We're trying to move this case along and make sure everybody's got what they need to have,” said Kunzweiler. “If they're going to represent, they're ready, and if they're not, that's my job to make sure the court is ready for that information."

He says he was not shocked by the result of Tuesday’s hearing.

"Oklahoma law, federal law is pretty clear on matters involving habeas corpus proceedings,” said Kunzweiler. “I get it, Ms. Wilkens is obviously asserting her rights under the Oklahoma Survivor's Act, but there are procedures that are in place, and this was an effort to try and circumvent the law using this procedure that we call habeas corpus."

Kunzweiler says the victim’s family wants him to make sure his interests are also protected.

"They certainly want us to make sure that the interests of their family and their son are protected,” said Kunzweiler. “I'm doing that."

WHAT’S NEXT

Both sides say they hope the hearing will happen by the end of this summer.