TULSA, Okla. — As April Wilkens continues to try and get the Tulsa County District Attorney’s Office removed from her case, her attorneys hope newly filed documents containing text messages will support their claims that the office is biased.
Wilkens is the woman trying to get a judge to reduce her sentence — or even set her free — under the recently enacted Oklahoma Survivors Act.
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She has been in prison for 27 years for the killing of her boyfriend, Terry Carlton, whom she claims abused and stalked her.
In September, a judge denied Wilkens request for resentencing, but is now asking that judge to “reconsider.” The Tulsa County DA’s office is objecting to a second hearing on the case.
WATCH: Tulsa County DA receives dozens of 'Free April Wilkens' text messages
On Nov. 3, Wilkens attorneys filed a motion to disqualify the Tulsa County DA’s office, citing multiple claims of bias, conflicts of interest and improper behavior of DA Steve Kunzweiler’s staff.
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On Nov. 7, her attorney submitted text messages to the court from Kunzweiler’s phone via an open records requests, and asked the court to consider them when making a decision.
Kunzweiler recently made his cell phone number publicly available in a Letter to the Editor written to the Tulsa World regarding the Oklahoma Survivors Act.
The texts reveal dozens of citizens urging Kunzweiler to “Free April Wilkens.” Mr. Kunzweiler responded at length to each request, many times stating that ultimately it is the judge who makes the decision.
However, as critics of the DA’s handling of the cases have pointed out, the DA does not have to object or argue the Survivors Act cases at all.
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Wilkens argues his texts to the public “misleadingly mischaracterize” the posture of the case.
In a previous statement given to 2 News regarding the motion to disqualify, Kunzweiler called the attempt more of a “smear campaign,” and that the accusations of misconduct are “reckless and inappropriate.” He said, rather than a second hearing, the next proper step would be an appeal through the Court of Criminal Appeals.
2News reached out after the filing of the supplemental text messages. Kunzweiler said that he responded to “numerous text messages from people I did not know,” and “responded to their inquiries as I do in any other case. Those inquiries and my responses were provided pursuant to an Open Records request.”
Wilkens’ attorney, Colleen McCarty of Oklahoma Appleseed, claims the open records request was only partially filled.
A timeline on the judge to make a decision is unclear.
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