In a 17-page order, District Judge David Guten found that while Wilkens is a survivor of domestic violence under state law, she did not meet the legal burden required to modify her life sentence. Wilkens was convicted of first-degree murder in 1999 for killing her former fiancé, Terry Carlton, in 1998.
Wilkens has become the most visible face of the law, which allows courts to revisit cases involving long-term abuse. To date, only one person in Oklahoma has received relief under the statute — Lisa Rae Wright, who was resentenced and released earlier this year.
The order states that Wilkens met the first requirement of the Oklahoma Survivors Act. The judge wrote:
“The Petitioner has established by clear and convincing evidence that she is a survivor of domestic violence perpetrated by decedent Terry Carlton.”
The court noted that Wilkens “sustained physical injuries on numerous occasions,” including photographed bruising and vaginal tears documented in two separate SANE exams, and found “more than sufficient evidence” in trial testimony and exhibits showing abuse in the relationship. However, the order emphasized that this finding is “only one part of the analysis this Court must undertake under the Oklahoma Survivors’ Act.”
Despite determining that Wilkens is a survivor of domestic violence, Guten ruled she did not prove the abuse substantially contributed to the homicide, as required under the statute.
The order cites concerns about expert testimony, inconsistent accounts, and a lack of corroboration beyond Wilkens’ own statements.
The court also rejected Wilkens’ request to disqualify the Tulsa County district attorney and his office and to appoint a special prosecutor.
Wilkens’ evidentiary hearing was held at the beginning of September, with additional filings submitted in the following weeks.
