Domestic abuse survivor who was inspiration for new reduced-sentencing law loses bid for release

"The law requires survivors such as Wilkens to prove by clear and convincing evidence that their abuse was related to their offense and a substantial contributing factor to the crime. She said she killed her former fiance, Terry Carlton, after being handcuffed and sexually assaulted, KOCO previously reported. Wilkens' attorney Colleen McCarty introduced evidence that her client killed Carlton because of a pattern of abuse that included beatings, rapes, financial extortion, psychological abuse and forced drug use. McCarty is the executive director of the Oklahoma Appleseed Center for Law & Justice."

"But a prosecution witness, forensic psychologist Jarod Steffan, testified that the primary factors in the killing were mental illness and drug use. Guten agreed with prosecutors. Although Wilkens was a domestic abuse survivor, her attorney had not shown that it was the reason for the crime, Guten said. He also rejected the testimony of an expert witness who testified for Wilkens, describing the witness as "an advocate, not an expert.""

A 55-year-old domestic abuse survivor convicted of the 1998 murder of her former fiance was denied release and must serve the remainder of a life sentence with parole eligibility. The Oklahoma Survivors' Act requires courts to consider evidence of abuse in mitigation and resentencing, but requires survivors to prove by clear and convincing evidence that abuse substantially contributed to the offense. Wilkens' attorney presented a pattern of beatings, rapes, extortion, psychological abuse and forced drug use. Prosecutors' expert attributed the killing primarily to mental illness and drug use. The judge agreed with prosecutors and rejected the defense expert as an advocate. The defense intends to pursue further avenues of relief.

Read at ABA Journal