Judge Denies April Wilkens’ Request for Reconsideration Under Oklahoma Survivors’ Act
TULSA, OKLA. (KTUL) – A Tulsa County judge has denied April Wilkens’ motion to reconsider his previous decision denying her sentencing relief, and also rejected a request for a new hearing under the Oklahoma Survivors Act, according to recently filed court documents.
District Judge David Guten, in a 17-page order, affirmed that while wilkens qualifies as a survivor of domestic violence under Oklahoma law, she did not present sufficient evidence to modify her life sentence. wilkens was convicted of first-degree murder in 1999 for the 1998 killing of her former fiancé, Terry Carlton.
The Oklahoma Survivors’ Act, enacted in 2024, permits individuals convicted of crimes who are also domestic violence survivors to petition for sentence modifications if they can demonstrate the abuse played a considerable role in the offense.
wilkens’ case has garnered meaningful attention as a prominent example under the new law, which allows for the re-examination of cases involving long-term abuse.So far, only one person in Oklahoma has received relief under the statute: Lisa Rae Wright, who was resentenced and released earlier this year.
Judge Guten’s order acknowledges that Wilkens “established by clear and convincing evidence that she is a survivor of domestic violence perpetrated by decedent Terry Carlton.” The judge cited evidence of “physical injuries on numerous occasions,” including documented bruising and vaginal tears from two separate Sexual Assault Nurse Examiner (SANE) exams, alongside trial testimony and exhibits detailing abuse within the relationship, finding “more than sufficient evidence” of abuse. However, the order clarifies this finding represents only one aspect of the required analysis.
Despite recognizing Wilkens as a survivor, Guten ruled she failed to prove the abuse substantially contributed to the homicide, as mandated by the Act. The order points to concerns regarding expert testimony,inconsistencies in accounts,and a lack of corroborating evidence beyond Wilkens’ own statements.
The court also denied Wilkens’ request to disqualify the Tulsa County District Attorney’s office and appoint a special prosecutor.
An evidentiary hearing in Wilkens’ case was held in early September, with further filings submitted in the weeks following.
