April Wilkens' lawyers request release, call her incarceration 'unlawful'
OKLAHOMA CITY (KFOR) — Lawyers for April Wilkens are asking a Tulsa County judge to let her out of prison.
They call her incarceration 'unlawful' because of unreasonable court delays.
CRIMINAL INJUSTICE: A domestic abuse survivor imprisoned for life for the murder of her abuser
She was the first Oklahoma inmate to file for a re-sentencing hearing under the new Oklahoma Survivor's Act, which allows leniency in sentencing for survivors of domestic abuse.
News 4's Ali Meyer has been reporting extensively on April Wilkens since last year.
She is the Tulsa County woman who was convicted of first-degree murder in the shooting death of of her ex-boyfriend back in 1999.
Wilkens admitted to shooting the victim during a violent night where she was held hostage in his home, raped, and assaulted.
The relationship was a tumultuous two years of victim protective orders, drugs and domestic violence.
RELATED STORY: First applicant for Oklahoma Survivors' Act relief still waiting for hearing
Wilkens was convicted of First Degree Murder in 2000 and sentenced to life in prison with the possibility of parole, the most lenient sentence available to her under Oklahoma sentencing guidelines in 2000.
Wilkens has been denied parole five times since she became eligible in 2013, despite exemplary behavior in prison.
The Tulsa County Distsrict Attorney continues to oppose her parole.
Last year, the Oklahoma Legislature passed the Oklahoma Survivors Act allowing for flexibility in sentencing for defendants who suffered from domestic abuse.
Wilkens' re-sentencing hearing was approved under the Oklahoma Survivor's Act on November 4th, 2024, more than five months ago.
However, the Tulsa County District Attorney's office continues to delay the hearing, asking the court for months and months to prepare.
In a Petition for Writ of Habeas Corpus filed on Friday, Wilkens' defense team calls her incarceration 'unlawful;' an 'unreasonable over-detention' and a 'violation of Wilkens' Fourth, Fifth and Fourteenth Amendment rights.
Wilkens' legal team is asking the court to set a hearing for argument and decision under the Oklahoma Survivor's Act, the command the Department of Corrections to bring April Wilkens to Tulsa County to be present during her hearing, to issue a writ of habeas corpus directing Wilkens' release or to place her on supervised release until her resentencing hearing.
Under current sentencing guidelines and the Oklahoma Suvivor's Act, defendants convicted of murder are eligible for a sentence of 25 years or less.
April Wilkens has already spent 27 years behind bars.
According to the court record, a Tulsa County District Judge granted Wilkens' request for a hearing on the writ of habeas corpus.
Tulsa County District Attorney, Steve Kunzweiler issued a statement following the ruling:
'Just as Ms. Wilkens is entitled to a hearing, we are entitled to do our due diligence in examiningeverything which has taken place since she has been in prison. That takes time and resources for which this statute did not allocate. We also had to seek out and retain expert witnesses who could assist us with our case once this case is set for a formal hearing. We look forward to addressing all of the evidence in a courtroom which is where matters in dispute should be resolved and not in the media.'
Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Yahoo
2 days ago
- Yahoo
OHP: Kasey Alert issued for 50-year-old Garfield County man
GARFIELD COUNTY, Okla. (KFOR) — The Oklahoma Highway Patrol has issued a Kasey Alert for a 50-year-old Garfield County man. According to OHP, 50-year-old Donald Brasher was last seen driving a White Chevy Pickup truck with Oklahoma tag JSS555. The truck has large orange blinkers on the front and a silver toolbox in the back. Brasher is described as 5 feet 8 inches tall, 210 pounds, with brown hair and blue eyes. OHP says he is believed to be suicidal and is possibly armed with a handgun. If you see Brasher, please call 911. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
2 days ago
- Yahoo
New Oklahoma law cracking down on Bitcoin ATM scams
OKLAHOMA CITY (KFOR) – A new law is cracking down on scammers using Bitcoin ATMs to steal your money. Senate Bill 1083 was authored by Sen. Darrell Weaver (R-Moore) and Rep. Mark Lepak (R-Claremore), and it introduced ways to protect Oklahomans from falling victim to these scams. Cryptocurrency ATMs look like regular ATMs and allow people to conduct legitimate cryptocurrency transactions. However, they can also be used to carry out fraudulent activity. Service Oklahoma warns residents of text scam These scams are on the rise across the nation. In 2024, the FBI had more than 10,956 complaints about these kiosks, with $246.7 million stolen. Oklahomans alone lost $37.7 million to cryptocurrency-related scams, including scams related to cryptocurrency ATMs. 'They prey on the vulnerable, which I really don't like, and that's what they do,' said Sen. Weaver. Victims are coerced to deposit cash, which unknowingly goes right to the scammer. News 4 reported last year about an elderly lady who lost her entire life savings to a bitcoin ATM. A scammer pretended to be a federal agent and convinced her that her identity had been stolen and the only way to protect her money was to convert it into cryptocurrency. 'I never thought it would happen to us, and she's humiliated, she's embarrassed, she's doubting her choices, and she's a smart woman, she's bright, and so it's heartbreaking,' said Jamie Moore, whose mother was scammed. This new law will help in scenarios like that one. 'Right now, in states across the country, these cryptocurrency ATMs are very unregulated,' said Joy McGill, advocacy director, AARP Oklahoma. Under the new law, all kiosks will be licensed and tracked by the state. 'We'll figure out where they're at, what the process is if there is a fraud, how they can go about it, and getting the bankers involved in this, the banking authorities involved in this is very key,' said Sen. Weaver. There will also be daily transaction limits, along with fraud warnings on the machines. Victims will also be able to seek refunds if they are reported within 14 days to the police and the kiosk law will go into effect on November 1. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
2 days ago
- Yahoo
Warr Acres woman charged after allegedly drugging grandchildren, locking them in dog cage for hours
WARR ACRES, Okla. (KFOR) — A year-long investigation has led to the arrest of 53-year-old Davena Marx, after police say she drugged her grandchildren and locked them in a dog cage. Marx has been charged with four counts of Child Abuse and one count of Child Neglect. Warr Acres Assistant Police Chief Jason Allen said Marx's arrest came later, due to forensic interviews with the children and gathering evidence with the District Attorney's Office. 'The day we went out with them, there was enough to immediately remove the children, which is often not the case,' Asst. Chief Allen said. 'They did find a large dog cage in the residence, and they also did locate Seroquel, which was also one of the allegations that Seroquel had been given to the children as well,' he added. In court documents, Marx's two grandchildren, both under 10 years old, detail the horrific abuse to DHS Investigators. One of the children said Marx would step on their feet and grind her heels into their toes, also hitting them with belts that would leave bruises covering their bodies. OKC man remains missing after vanishing on Christmas Eve The child also said, 'Memaw sells drugs and uses them; she makes us stay in the dog cage when she wants to go outside by herself.' 'The children did test positive for Seroquel, so she was definitely giving them this,' Asst. Chief Allen said. A neighbor also told officers she noticed the children with black eyes and eating out of the dumpster. She also heard Marx cursing at them and calling them worthless. The abuse took place at a Warr Acres apartment complex near N. MacArthur. Neighbors in the complex were stunned when they heard about the abuse. 'It's crazy, it's crazy, and something should be done to her,' said Kenneth Greer. Greer also said, 'It's sad and sickening, that someone would do this to kids, locking them up in a cage, giving them drugs, beating them and everything, that's crazy.' News 4 learned that the children's father was killed in a road rage incident. The mother's whereabouts are unknown. However, officers say the children are now with other family members. Marx is in the Oklahoma County Jail on a $50,000 bond. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
