First applicant for Oklahoma Survivors' Act relief still waiting for hearing
TULSA, Okla. (KFOR) — Oklahoma domestic violence survivor and inmate April Wilkens is still waiting for a Tulsa County judge's decision after asking the court to set her free more than two decades after killing her abuser.
Wilkens was the first Oklahoman to ask for retroactive sentencing relief under the new law, which took effect in August 2024. It limits sentences if a domestic violence survivor can prove the abuse played a significant factor in their crime.
In 1998 she told police she killed her abusive ex-boyfriend to save her own life in Tulsa.
Wilkens filed a request to apply for relief to a Tulsa County judge in August. The request wasn't granted until November, but Wilkens filed her formal application the same month.
"I'm excited," said Wilkens during an interview last year about the possibility of getting out of prison. "Praise the Lord. God is going to make it happen."
In contrast, in Seminole County this week a woman serving a life sentence for killing her husband in 1990 was released under the same law. Lisa Moss' legal team filed their request for relief in September. The request was granted in October, and Moss filed her application the same month. Moss told News 4 employees during a press conference Wednesday that she hoped her release gave hope to women or other victims in similar situations.
"It means a new start," said Moss.
News 4 reached out to Wilkens' niece Amanda Ross Wednesday, who agreed to speak to an employee Thursday. Ross has been one of Wilkens' biggest advocates and says she's regularly kept in contact with her aunt while Wilkens has served her sentence, regularly speaking with her at least once a week. Ross says the Oklahoma Survivors' Act has given Wilkens and herself a lot of hope.
"It gave me a lot of hope because she's a test case," said Ross. "I always knew her case was unfair and I had always looked at it through just the lens of, you know, I need to help April."
Ross said the issue of domestic violence became much bigger than just her aunt, a problem impacting a large group of Oklahomans, mainly women.
"It's part of the reason we have an overincarceration crisis in this state," said Ross. "I feel like we tend to overpunish people here. So for April, I think it meant the first real opportunity to be released."
Ross says Wilkens previously tried to apply for parole or to receive a commutation, but those options didn't pan out. She believes a jury didn't see the full picture of evidence surrounding Wilkens' case; a judge will have to decide on if she's granted her hearing.
News 4 asked Ross about what she believes are the differences between why Moss' hearing came before Wilkins'.
"Tulsa County has a lot more cases to deal with than in Seminole County," said Ross. "I think the District Attorney's requested more time on April's case to do some exploration."
Wilkens has been eligible for parole since 2013.
She has been denied twice.
Both times the Tulsa County District Attorney’s office protested her release.
News 4's Ali Meyer interviewed Tulsa County District Attorney Steve Kunzweiler as part of a series of reports about justice in Oklahoma, specifically asking him about Wilkins' case.
“I think that jury really had a pretty good view as to what had taken place,” said Tulsa County District Attorney, Steve Kunzweiler.
Kunzweiler has reviewed the case, which was prosecuted by his predecessor, District Attorney Tim Harris.
At trial, April Wilkens testified on her own behalf.
The jury didn’t buy her version of events. They found her guilty and recommended a sentence of life in prison.
“April Wilkins got a full-throated defense. She got to raise domestic violence. She got to raise all the abusive issues. She got to raise the drugs,” Kunzweiler said. “That jury got to hear what the real story was, and that jury was convinced beyond a reasonable doubt that she was not entitled to self-defense. They found her guilty.”
Ross told News 4 that regardless of where Wilkins' case stands, she's communicated with her, and she and Ross are glad Moss has been released. They both believe Moss is a perfect example of the law working as it should.
"We want to set precedent, you know," said Ross. "So Lisa has done that and that's amazing."
News 4 employees asked Ross if Wilkens had any kind words for Moss.
"She is so happy for Lisa and for Lisa's family and friends," said Ross. "I'm feeling like Tulsa County needs to pay attention to Seminole County. I think all of Oklahoma can now use her case as that precedent."
Ross tells News 4 that after speaking with Lisa and her legal team, the hope is that she'll be granted her hearing sometime this spring, but it's still too hard to say.
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