Attorneys for Tulsa County convicted killer April Rose Wilkens are asking a court to set her free after 26 years following the passage of a new law.
Senate Bill 1835, known as the Oklahoma Survivors’ Act, lets domestic violence victims seek a sentence modification if they can show their abuse contributed to the crime.
Wilkens was convicted of going to the home of her former fiance Terry Carlton, an auto dealer, and shooting him eight times in 1998.
She said she was raped and assaulted.
The pair had a history of domestic violence, according to court records. She claimed battered woman’s syndrome.
Wilkens received a life sentence with the possibility of parole.
She has been unsuccessful in her appeals and before the Oklahoma Pardon and Parole Board.
“She was actually handcuffed and being held captive in his basement at the time of the offense and he was threatening her life,” said her attorney, Colleen McCarty, executive director of the Appleseed Center for Law and Justice. “She was able to get one of his guns away, and when he lunged at her, she fired and his life was ended.
“It was purely self-defense, and also she was a victim of domestic violence for over two years from him.”
McCarty said Thursday was the first day victims could apply for relief. The center has 12 other clients seeking relief under the new law.
Tulsa County District Attorney Steve Kunzweiler was provided a copy of Wilkens’ request to apply for resentencing based on the Oklahoma Survivor’s Act.
The initial request is sent to the judge and doesn’t trigger participation from Kunzweiler’s office.
“Once the District Judge determines whether Wilkens is eligible to apply, further settings may become necessary,” his office said. “If that happens we will bring forward whatever relevant information is necessary for the trial court to make its decision.”
McCarty said if the request is successful, Wilkens’ sentence will be reduced to 25 years or less,”.
“She has been in prison for 26 years, so she would get to go free,” McCarty said.
If released, she would like to advocate for survivors of domestic and sexual abuse, and go on a pilgrimage to Israel, she said.
“I think she just wants to live a normal life,” she said. “I think she just wants a chance to rebuild.”
Wilkens has a son and grandchild, she said.
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