An Oklahoma judge has scheduled a court hearing to challenge the sentence of April Wilkens, who could potentially see her life sentence for murder reconsidered under the Oklahoma Survivor’s Act. As reported by News 4, Wilkens was convicted in 1999 for killing her ex-boyfriend but has claimed that she acted in self-defense after enduring hostage situations, rape, and prolonged domestic abuse. Despite becoming parole-eligible in 2013, the Tulsa County District Attorney’s Office has consistently opposed her release.
Wilkens applied for a resentencing hearing as per the new legislation – the first to do so – which was designed to reevaluate cases where domestic violence played a significant role in the defendant's actions. Having been incarcerated for nearly 27 years, Wilkens’ story has evolved to include not just the tragedy of her past but also her transformation into a 54-year-old grandmother, reported NewsChannel 8. Her lawyers assert that her continued incarceration is "unlawful," accusing District Attorney Steve Kunzweiler of delaying her resentencing hearing unnecessarily.
The habeas corpus hearing granted could mark a significant pivot point in Wilkens' case, as her legal team strives for her supervised release until the official hearing under the Survivor's Act takes place. The resentencing process under the legislation, credited with bolstering protections for abuse victims, awaits Wilkens who is currently held at the Mabel Bassett Correctional Center. This delay in her resentencing hearing, which her attorneys claim is due to the District Attorney's actions, has prompted the filing for this recent habeas corpus, according to FOX23.
In a statement obtained by FOX23, Wilkens’ attorneys, Colleen McCartney and Abby Gore, argue, "Ms. Wilkens has shown this court volumes of evidence to show why she should be resentenced under the Oklahoma Survivors’ Act." They continue to challenge the prosecution, stating, "The District Attorney has shown no evidence to the contrary." As the Survivor's Act allows a 0-25 year range for those sentenced to life with parole and can demonstrate significant domestic abuse as a factor in their crime, Wilkens and her legal team are seeking to invoke this clause in pursuit of justice tempered with mercy and recognition of the complex dimensions of abuse survival.
