TULSA, Okla. — A Tulsa County judge denied with prejudice April Wilkens' latest attempt to have her sentence modified under the Oklahoma Survivors' Act.
Wilkens has been in prison since 1999, for shooting and killing her abusive ex-fiance. She has been applying for resentencing under OSA since 2024.
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SURVIVOR'S ACT: Judge denies April Wilkens' resentencing request
Wilkens being a survivor of domestic violence was never disputed, according to court documents.
But what Judge David Guten does say is it's a question of whether the domestic violence was a substantial contributing factor to the crime that she committed.
Ultimately, Judge Guten said he does not believe Wilkens' team proved that.
Another issue Guten pointed to was Wilkens' main expert witness to support her case was 'bias' and unqualified.
According to the court documents, Angela Beatty was the only witness called on Wilkens' defense. Though, she admits to advocating for Wilkens and her case on a podcast two years ago.
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The judge also called into question the legitimacy of Beatty and her professional expertise to show how Wilkens' abuse was the reason she killed Terry Carlton.
As for their motion to reconsider or motion for a new hearing, Wilkens' legal team called on a new expert witness, Dr. Reagan Gill.
This was the first time the state and the courts learned of Gill working on the case. Wilkens and her team admitted, according to documents, that she had been involved for approximately five months.
WATCH: DVIS critical of Tulsa DA’s handling of Survivors' Act cases
"The reasons for why Dr. Gill was never included in the Petitioner's case in chief, or why Petitioner declined the Court's suggestion to continue the proceedings and allow Dr. Gill time to prepare her report and to be called as a direct witness in her case in chief remain unclear, and the Court cannot opine on Petitioner's strategic trial decisions," wrote Judge Guten.
Wilkens' request for a sentence modification under the Oklahoma Survivors' Act and motion to reconsider for a new hearing was denied with prejudice.
Wilkens' motion to disqualify the District Attorney's Office and for the appointment of Special Prosecutor is dismissed as moot.
Because the case was dismissed with prejudice, Wilkens' cannot ask the judge to reconsider.
While she declined to speak with 2 News, Wilkens' attorney Colleen McCarty confirmed they do plan to appeal the ruling with the Oklahoma Court of Criminal Appeals.
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