TULSA, Okla. — The Oklahoma Survivors Act has become a hot-button issue in Tulsa County. Mainly, because since it was signed into law in 2024, all Tulsa County applicants have been denied, and Tulsa County is fighting each case.
2 News spoke to Tulsa County District Attorney Steve Kunzweiler on why he has played a role in each of the cases, so far.
We also spoke to Colleen McCarty, who has represented many of the Oklahoma Survivors Act applicants, and says she is partially motivated to run for Tulsa County District Attorney because of Kunzweiler’s office’s handling of the cases.
“I think it’s a good law,” said Kunzweiler.
“He does say that, but actions speak louder than words,” said McCarty.
Oklahoma Survivors Act at the crux of Tulsa Co. DA race
The most notable Survivors Act case is April Wilkens. She has been incarcerated for 27 years for killing her boyfriend, who abused and stalked her for years.
Kunzweiler says the applicants have to be able to prove their case with evidence.
“We would simply like anyone in an application case to follow procedure,” you can’t just jump to the end. There’s a reason for that. It mandates a hearing.”
McCarty simply does not believe Kunzweiler is taking this transactional approach.
“He has had a beef with the Survivor’s Act from the beginning because it wasn’t his idea. And now that it’s happening and it’s happening against his will, he’s going to do everything he can to stop it from being effective.”
McCarty says, in the Tulsa County cases, there has been evidence.
“There were protective orders, police calls, SANE exams, all of that,” she said.
Kunzweiler says, as a prosecutor, it is their responsibility to play a role in these hearings, even though it is not a requirement under the Oklahoma Survivors Act.
“I think the public ought to expect its District Attorney to weigh in on something as important as a homicide case,” he said.
McCarty said these women are not risks to the public—some have health issues.
“They can do what we call a soft offense where they don’t call in an expert—there are a lot of tactics he can take, they’re all within his discretion,” she said.
“It’s my duty, it’s my obligation and so I’m going to uphold what the citizens of Tulsa County asked me to do,” he said.
Kunzweiler maintains he will take each one on a case-by-case basis.
Ultimately, both agree, it is up to a judge to decide.
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