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    True Crime

    Panic Button

    Oklahoma Attorneys Colleen McCarty and Leslie Briggs dig deep into Oklahoma’s criminal legal system, telling true stories you won’t believe—and exposing the legal realities of a system that sends more people to prison than almost anywhere in the world. This so called “victim centered system” often leaves victims of violence to fend for themselves, then punishes them when they do just that.

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    Latest Episodes:
    S1:E7 Ninja in the Night - Part 2 Aug 09, 2022
    Show notes

    We discuss the most detrimental witnesses put on by the state in April Wilkens' murder trial. First, Officer Laura Fadem who responded to the 911 call is intentionally evasive on the stand. Then, Terry's best friend Robert Martin shows that Terry was lying to everyone in his life about his drug use and his abuse of April. Robert casts doubt that April was ever raped or abused. Lastly, Officer Bennett responded to the last call to police April would ever make--and he testified she was homicidal and a threat.

    Listen as Colleen and Leslie read the State's closing argument, and hear the State's surprise theory of the murder. The theory is not shown by the evidence but merely spoken as if it were fact during closing.


    _________________________



    • Detailed Timeline of Events in April's Case compiled by April herself with help from her niece, Amanda: https://aprilwilkensblog.wordpress.com/2022/02/12/timeline-of-events/


    • Sign the Change.org petition to support April's release: https://www.change.org/p/oklahoma-pardon-parole-board-commute-the-life-sentence-of-abuse-survivor-april-wilkens?signed=true


    • Donate to keep our work going!: neappleseed.org/okappleseed


    • Learn more about Oklahoma Appleseed: okappleseed.org

    • If you or someone you know is experiencing domestic abuse, use a safe computer and contact the National Domestic Violence Hotline at www.thehotline.org or call 1-800-799-7233. You can also search for a local domestic violence shelter at www.domesticshelters.org/.


    • If you have experienced sexual assault and need support, visit the Rape, Abuse & Incest National Network (RAINN) at www.rainn.org or call 1-800-656-HOPE.


    • Have questions about consent? Take a look at this guide from RAINN at www.rainn.org/articles/what-is-consent.


    • Learn more about criminalized survival at www.survivedandpunishedny.org/.


    • Learn more about the Domestic Violence Survivors Justice Act at www.nysda.org/page/DVSJA.


    • Follow the #freeaprilwilkens campaign on Instagram at @freeaprilwilkens, on Twitter and on their webpage at https://aprilwilkensblog.wordpress.com/.


    Colleen McCarty is one of the hosts, executive director of Oklahoma Appleseed, and producer. Leslie Briggs is the other host who is a civil rights and immigration attorney, and producer. Rusty Rowe provides substantial audio production support. We're recorded at Bison and Bean Studios in Tulsa. Additional support from Amanda Ross and Ashlyn Faulkner. Our theme music is Velvet Rope by Gyom.


    Panic Button is created in partnership with Oklahoma Appleseed Center for Law and Justice and Leslie Briggs. Follow OK Appleseed on Twitter and Instagram at @ok_appleseed.


    If you want to continue the conversation with other listeners, please join our Panic Button podcast community on Bookclubz at bit.ly/3NRHO8C.


    S1:E6 Ninja in the Night - Part 1 Aug 02, 2022
    Show notes

    The State begins to present its evidence in April Wilkens' first-degree murder trial. In the Spring of 1999, April was absolutely convinced that the jury would acquit her after hearing her evidence of abuse, especially after hearing the testimony from the SANE nurse that proved she had been raped the night of the shooting. She was sure they would come to understand Terry's chronic intimate terrorism and understand she'd had no choice but to pull the trigger.

    Instead, the State paints her as a psycho ex-girlfriend fiending for drugs. Every trope imaginable is called up to prejudice the jury against her: gold digger, slut, junkie, and whore. The two most helpful witnesses the prosecution puts on are the medical examiner, Dr. Distefano, and the SANE Nurse, Kathy Bell.

    _________________________


    • To view the diagrams used by the State and Dr. Distefano as well as pictures of the clothing April was wearing that got bagged in the rape kit visit okappleseed.org/episode-6-show-notes



    • Detailed Timeline of Events in April's Case compiled by April herself with help from her niece, Amanda: https://aprilwilkensblog.wordpress.com/2022/02/12/timeline-of-events/


    • Sign the Change.org petition to support April's release: https://www.change.org/p/oklahoma-pardon-parole-board-commute-the-life-sentence-of-abuse-survivor-april-wilkens?signed=true


    • Donate to keep our work going!: neappleseed.org/okappleseed


    • Learn more about Oklahoma Appleseed: okappleseed.org

    • If you or someone you know is experiencing domestic abuse, use a safe computer and contact the National Domestic Violence Hotline at www.thehotline.org or call 1-800-799-7233. You can also search for a local domestic violence shelter at www.domesticshelters.org/.


    • If you have experienced sexual assault and need support, visit the Rape, Abuse & Incest National Network (RAINN) at www.rainn.org or call 1-800-656-HOPE.


    • Have questions about consent? Take a look at this guide from RAINN at www.rainn.org/articles/what-is-consent.


    • Learn more about criminalized survival at www.survivedandpunishedny.org/.


    • Learn more about the Domestic Violence Survivors Justice Act at www.nysda.org/page/DVSJA.


    • Follow the #freeaprilwilkens campaign on Instagram at @freeaprilwilkens, on Twitter and on their webpage at https://aprilwilkensblog.wordpress.com/.


    Colleen McCarty is one of the hosts, executive director of Oklahoma Appleseed, and producer. Leslie Briggs is the other host who is a civil rights and immigration attorney, and producer. Rusty Rowe provides substantial audio production support. We're recorded at Bison and Bean Studios in Tulsa. Additional support from Amanda Ross and Ashlyn Faulkner. Our theme music is Velvet Rope by Gyom.


    Panic Button is created in partnership with Oklahoma Appleseed Center for Law and Justice and Leslie Briggs. Follow OK Appleseed on Twitter and Instagram at @ok_appleseed.


    If you want to continue the conversation with other listeners, please join our Panic Button podcast community on Bookclubz at bit.ly/3NRHO8C.


    S1:E5 Wading Through The Jury Pool Jul 26, 2022
    Show notes

    When April goes to trial for first-degree murder in April of 1999, over half of the potential jurors in the initial pool had suffered from--or perpetrated--domestic violence. Leslie and Colleen wade through the pool to get a feel for what the community was like that would be judging April's guilt.

    ____________________________________

    Resources:


    • To learn more about voir dire, jury selection, & potential policy solutions, check out this article: https://www.ncsc-jurystudies.org/__data/assets/pdf_file/0026/6839/buildgbettervoirdire_000.pdf
    • Detailed Timeline of Events in April's Case compiled by April herself with help from her niece, Amanda: https://aprilwilkensblog.wordpress.com/2022/02/12/timeline-of-events/
    • Sign the Change.org petition to support April's release: https://www.change.org/p/oklahoma-pardon-parole-board-commute-the-life-sentence-of-abuse-survivor-april-wilkens?signed=true
    • Donate to keep our work going!: neappleseed.org/okappleseed
    • Learn more about Oklahoma Appleseed: okappleseed.org
    • If you or someone you know is experiencing domestic abuse, use a safe computer and contact the National Domestic Violence Hotline at www.thehotline.org or call 1-800-799-7233. You can also search for a local domestic violence shelter at www.domesticshelters.org/.
    • If you have experienced sexual assault and need support, visit the Rape, Abuse & Incest National Network (RAINN) at www.rainn.org or call 1-800-656-HOPE.
    • Have questions about consent? Take a look at this guide from RAINN at www.rainn.org/articles/what-is-consent.
    • Learn more about criminalized survival at www.survivedandpunishedny.org/.
    • Learn more about the Domestic Violence Survivors Justice Act at www.nysda.org/page/DVSJA.
    • Follow the #freeaprilwilkens campaign on Instagram at @freeaprilwilkens, on Twitter and on their webpage at https://aprilwilkensblog.wordpress.com/.


    Colleen McCarty is one of the hosts, executive director of Oklahoma Appleseed, and producer. Leslie Briggs is the other host who is a civil rights and immigration attorney, and producer. Rusty Rowe provides substantial audio production support. We're recorded at Bison and Bean Studios in Tulsa. Additional support from Amanda Ross and Ashlyn Faulkner. Our theme music is Velvet Rope by Gyom.


    Panic Button is created in partnership with Oklahoma Appleseed Center for Law and Justice and Leslie Briggs. Follow OK Appleseed on Twitter and Instagram at @ok_appleseed.


    If you want to continue the conversation with other listeners, please join our Panic Button podcast community on Bookclubz at bit.ly/3NRHO8C.


    S1:E4 Setting the Tone Jul 19, 2022
    Show notes

    In this episode, we hear about the confession, the arrest, the SANE exam, and the year April spent in jail in pre-trial detention.Even though she was presumed innocent, she was required to stay in jail on no bond due to the seriousness of her charge. We also hear about the politics playing out at the Tulsa County District Attorney's Office in the years leading up to the shooting, and what might've made DA Tim Harris hungry for a conviction in his first big murder case as DA.___________________Resources:For crime scene photos entered at trial, supplemental info, and to see Lynda Driskell's letter to the parole board, visit okappleseed.org/episode-4-show-notes To learn more about voir dire, jury selection, & potential policy solutions, check out this article: https://www.ncsc-jurystudies.org/__data/assets/pdf_file/0026/6839/buildgbettervoirdire_000.pdfDetailed Timeline of Events in April's Case compiled by April herself with help from her niece, Amanda: https://aprilwilkensblog.wordpress.com/2022/02/12/timeline-of-events/Sign the Change.org petition to support April's release: https://www.change.org/p/oklahoma-pardon-parole-board-commute-the-life-sentence-of-abuse-survivor-april-wilkens?signed=trueDonate to keep our work going!: neappleseed.org/okappleseedLearn more about Oklahoma Appleseed: okappleseed.orgIf you or someone you know is experiencing domestic abuse, use a safe computer and contact the National Domestic Violence Hotline at www.thehotline.org or call 1-800-799-7233. You can also search for a local domestic violence shelter at www.domesticshelters.org/.If you have experienced sexual assault and need support, visit the Rape, Abuse & Incest National Network (RAINN) at www.rainn.org or call 1-800-656-HOPE.Have questions about consent? Take a look at this guide from RAINN at www.rainn.org/articles/what-is-consent.Learn more about criminalized survival at www.survivedandpunishedny.org/.Learn more about the Domestic Violence Survivors Justice Act at www.nysda.org/page/DVSJA.Follow the #freeaprilwilkens campaign on Instagram at @freeaprilwilkens, on Twitter and on their webpage at https://aprilwilkensblog.wordpress.com/.Colleen McCarty is one of the hosts, executive director of Oklahoma Appleseed, and producer. Leslie Briggs is the other host who is a civil rights and immigration attorney, and producer. Rusty Rowe provides additional production support. We're recorded at Bison and Bean Studios in Tulsa. Additional support from Amanda Ross and Ashlyn Faulkner. Our theme music is Velvet Rope by Gyom. Panic Button is created in partnership with Oklahoma Appleseed Center for Law and Justice and Leslie Briggs. Follow OK Appleseed on Twitter and Instagram at @ok_appleseed.If you want to continue the conversation with other listeners, please join our Panic Button podcast community on Bookclubz at bit.ly/3NRHO8C.TRANSCRIPT:Leslie Briggs 00:00If you're just tuning in, I suggest you go back and start listening from chapter one. Before we start a content warning: this episode contains accounts of domestic and sexual violence. This episode is going to be a little different than our previous three. This episode is being released in two parts. In part one of this episode, we'll detail April's arrest and her time spent in County lockup, and preview what the jury selection process is like, some global issues we see with the process, and summarize some of the more poignant and glaring juror stories that illuminate those global issues. In the second part, we take a break from the rigorous storytelling to offer our insights, analysis and commentary into the jury selection process. We hope to show you two things with this two part episode: one, how lawyers for both sides in this case attempt to use the jury selection to begin to manipulate the jurors and two, how prevalent domestic violence was in Tulsa in 1999... This is Panic Button: chapter four, Setting the Tone. I'm Leslie Briggs.Colleen McCarty 01:52And I'm Colleen McCarty.Leslie Briggs 01:54We need to get into everything that happened from the arrest to the trial. But if you've ever spent time in a jail or a prison, you'll know not much happens in there.April spent a year in pretrial detention after the shooting and before the trial. She was presumed innocent, but most murder defendants are held on no bond, meaning they would not have the chance to be out in the community before the trial. We told you in episode one that four officers responded to the shooting call at 38th and Lewis and Tulsa on the morning of April 28, 1998. Those four officers were Laura Fadem, H. G. Lawson, Officer Forester, and Officer Gann.April told them immediately what had happened. Officer Lawson testifies the April looked quote, "Like she had been up all night, just kind of bedraggled looking." Officer Lawson went to the basement to check on the victim of the shooting and to make sure there was no one else in the house who could be armed. Officer Gann went with him. They see a blue Navajo-style blanket covering a body with blood coming out from where the head would be. And the blood pools all the way to the baseboards of the wall.On a cluttered table near the door, there's a gun, a walkie talkie and lots of drug paraphernalia. And there are handcuffs covered and a dried white liquid. Officer Lawson checks the body for a pulse. He states it's ice cold to the touch and that there are no signs of life. He notices the body is riddled with holes. There are shell casings all around him. The police department calls in their homicide detectives to process the scene and they send April back to the station with Officer Fadem. April had been telling officer Faden the whole story, both before and after being read her Miranda rights. When they got in the car, this is what officer Fadem says happened.Quote, "Yes. When we got in the patrol car, we started towards the Detective Division. I remember she asked me if I would turn on a certain radio channel on the radio. And I said sure, you know, she - it was - it was rock and roll channel. None of the buttons on my radio were rock n roll. So I had to tune it in. I remember it was like 10 Maybe 104. Something like that. So I tuned the Rock n Roll channel for her. And she wanted it turned up a little louder. So I turned it up a little louder. And that seemed to kind of - she enjoyed that. I guess it kind of relaxed her a little bit." When they arrived at the station. April goes with Officer Fadem into an interview room. She told the officer at the house that she had been raped and that Terry had beaten her and tried to break her neck. Even still, Officer Fadem won't say on the stand that April had been raped or injured. Officer Fadem does say there's a red mark developing on April's face as the day goes on. On cross examination, officer Fadem continues to say that April was quote excitable. Like she had something to tell everyone and she just couldn't hold it in. Officer Fadem tells April's attorney that she finds us excitable demeanor to be inappropriate to the situation. I just want to interject also here that Officer Fadem's testimony is almost comical in the fact that she uses the word "consent" wherever possible and avoids the word "rape" wherever possible. She'll say things in her testimony like "she consented to going upstairs," implying to the jury, I think, that April was consenting to some of the things that happened to her that night. I think it's just a curious way that she chose to testify. Once they get back to the station, in the interview room, the officers set up audio and video recording equipment.We hope to be able to have some of these pieces of evidence for you but as of yet we still don't have access to it. Detective Makinson who is at Terry's house processing the scene leaves and heads towards the station once he learns that Officer Fadem is interviewing a murder suspect, potentially on her own. Even though April has told all the officers at this point that Terry had forcible sex with her and tried to break her neck before the shooting, they're insisting that she go to the station and make a statement before she can be treated for her injuries or be given a SANE exam. You'll remember saying as the Sexual Assault Nurse exam.Detective Makinson takes a taped statement with April. April again tells the story as it happened. She never wavers. Finally, after concluding this interview, April is allowed to go to Hillcrest and receive a SANE exam for her internal and her external injuries. They collect her clothes, hair samples, scrape underneath her nails and gather potential DNA. Sidenote, that at trial when Assistant District Attorney Rebecca Knight and Gail asks, Detective Makinson, if he tested the rape kit, he responds, "In fact, I thought that Kathy Bell, the SANE nurse was going to do that. And you pointed out to me that it needed to be done. And I think you did it. So I didn't do that, no." Yes, that is the ADA asking the homicide detective at trial if you tested the defendant's rape kit, and the homicide detective is responding in front of the jury that no, he didn't test it because he thought she had done it. The question of who tests the rape kit is never answered.That evening after the SANE exam April goes to the station and gets booked into the jail. By this time it's 10pm. The shooting happened around 8am. April's case begins to wind its way through the analysis of our justice system. She is appointed a public defender a young lawyer named Daman Cantrell. Mr. Cantrell worked for the Tulsa County Public Defender's office at the time, but, now, he as well as Assistant District Attorney Rebecca Nightengale serves on the bench as a Tulsa County District Judge. He works on civil cases now and still remembers this case as one he, quote, "really would have liked to try himself." I am sure April and everyone who knows her wishes that too. When Mr. Cantrell was her attorney, he worked hard to make sure that April got the mental health treatment she needed in the jail. He gets another, female attorney, Lynn Worley involved in the case, she is able to gain admittance to visit April and she is able to bring Licensed Professional Counselor Lynda Driskell in with her. The two of them visited April for a total of 40 hours of therapy during the year she served in the county jail. Here's an excerpt of a letter from Lynda to the parole board in 2009:"I met April in July of 1998, when I became involved in her case as an advocate and counselor with domestic violence intervention services in Tulsa, Oklahoma. At the request of the national clearinghouse for the defense of battered women, April's case was referred to DVIS so that she would have access to counseling during her trial. April was initially held in the Tulsa County Adult Detention Center in Tulsa while she awaited trial. I met with her there for approximately 40 hours of face-to-face counseling sessions and wrote a pre-sentence investigative assessment report on her behalf. Since she has been incarcerated at Mabel Bassett Correctional Facility, I have maintained contact with April for the past 11 years.Her parents, Rex and Louise Fitchue, have also kept me apprised of the outcome of April's appeals. My first impression of April as a sensitive, compassionate young woman has not changed since I met her all those years ago. At that time, her story of domestic violence paralleled the hundreds of stories I had heard from other women who were battered. However, the outcome of her circumstances was the most tragic of any case in which I have been involved.The photographs and forensic documentation of the brutal injuries April sustained from Terry's acts of physical and sexual violence, strengthened my belief that she acted in self-defense. I sincerely believed then, as I do now, that April did what she had to do to survive. April acknowledges that Terry Carlton's death was a horrible loss for his family. And, at the same time, April has always maintained that she would have died if she had not defended herself against Terry's brutal assaults and threats to kill her.April also acknowledges the pain that Terry's family has endured. And I believe for that she is truly remorseful." Lynda was actually an expert on battered woman syndrome. And she's who April's defense attorney should have called it trial, but didn't. We'll talk about that more in a few episodes. A few months before trial, April's parents began to grow uneasy at the thought of leaving their daughter's fate to a public defender. An insider tip: if you're ever entitled to a public defender, you should take it because a, they absolutely know what they are doing. And b, oftentimes have better relationships with judges and prosecutors because they're around them so much. So her parents get the money together to hire a private attorney, and they choose a man named Chris Lyons. You're going to hear a lot about Chris Lyons on this podcast. I think it's worth saying here that hindsight is 2020. And there are always things that you wish you would have done differently, especially in a murder trial. And also a lot has changed in the last 20 years around how we talk about domestic violence, how we think about drug addiction, and how we go about defending a murder case like this, as well as how April would have been seen by her peers. Nonetheless, it's unavoidable. We will be talking about Mr. Lyons and some of the choices he did and didn't make in defense of his client. And as of the time of this recording, we have reached out to Chris Lyons office trying to start a dialogue with him about this case, but we have not yet heard back. If that changes, we'll be sure to update you.A year goes by mostly without incident as April languishes in the county jail. Outside the jail, there's some big drama going on in the Tulsa County District Attorney's office. Longtime top Tulsa cop and elected District Attorney David L. Moss died of a heart attack in 1995, just one year after being elected to his final term. His first assistant, Tim Harris was appointed interim District Attorney until then-Governor Keating appointed former mayor Bill LaFortune to the role. In May 1998, a month after April shot Terry in self-defense, LaFortune announced that he was resigning and Governor Keating was faced with another tough appointment.Just six months before the next DA election. Keating chose Chuck Richardson, who Keating describes to the Tulsa World at the time as a nail-chewing, anti-crook aggressive prosecutor. Governor Keating stated that that was the kind of prosecutor Tulsans wanted. He chose Richardson even though public records showed that Richardson's father, Gary, had donated 1000s to Keating's campaign. In addition, Richardson did not have the support of the Tulsa police department. Years prior, Richardson had defended a murder case, quote "a little too zealously," according to police, who said that he browbeat them on the stand. You can imagine, once TPD realized that Richardson was going to mount a full-on campaign for DA that fall of 1998, they needed to come up with a challenger who they could fully support. Former first assistant district attorney Tim Harris filed in the race to run against Richardson.Even though Harris only raised $30,000 compared to Richardson's $117,000 (and those are 1998 dollars), he won the seat in November '98 to take office in January 1999, just four months before April's trial. It's worth noting that the Tulsa World actually calls out Harris's two largest donations that are in the $2,000 range, and one of them is from h…

    Full show notes at the publisher

    S1:E3 Hostile State Jul 12, 2022
    Show notes

    In the ongoing nightmare of April and Terry's relationship, the event that catapults them into pure chaos starts on the night of December 6th, 1997. April has been staying away from Terry, but ends up going to his house to ask for the money he owes her. His place is wrecked and he doesn't look so good. What happens next launches Terry and April into an unbreakable cycle of violence that no one was able to stop--except April herself.___________________Resources:For pictures of exhibits introduced at trial of the scene of the rape, April's injuries, and more visit okappleseed.org/episode-3-show-notes LA Times article about Don Carlton's bribery scandal: https://web.archive.org/web/20211117194929/https://www.latimes.com/archives/la-xpm-1994-03-16-fi-34784-story.html%C2%A0TIME Magazine story on Honda scams: http://content.time.com/time/nation/article/0,8599,3976,00.htmlInstagram post containing the Affidavit of Federal Judge Claire Egan: https://www.instagram.com/p/CQWQJrUDy-m/Detailed Timeline of Events in April's Case: https://aprilwilkensblog.wordpress.com/2022/02/12/timeline-of-events/Sign the Change.org petition to support April's release: https://www.change.org/p/oklahoma-pardon-parole-board-commute-the-life-sentence-of-abuse-survivor-april-wilkens?signed=trueDonate to keep our work going!: neappleseed.org/okappleseedLearn more about Oklahoma Appleseed: okappleseed.orgIf you or someone you know is experiencing domestic abuse, use a safe computer and contact the National Domestic Violence Hotline at www.thehotline.org or call 1-800-799-7233. You can also search for a local domestic violence shelter at www.domesticshelters.org/.If you have experienced sexual assault and need support, visit the Rape, Abuse & Incest National Network (RAINN) at www.rainn.org or call 1-800-656-HOPE.Have questions about consent? Take a look at this guide from RAINN at www.rainn.org/articles/what-is-consent.Learn more about criminalized survival at www.survivedandpunishedny.org/.Learn more about the Domestic Violence Survivors Justice Act at www.nysda.org/page/DVSJA.Follow the #freeaprilwilkens campaign on Instagram at @freeaprilwilkens, on Twitter and on their webpage at https://aprilwilkensblog.wordpress.com/.Colleen McCarty is one of the hosts, executive director of Oklahoma Appleseed, and producer. Leslie Briggs is the other host who is a civil rights and immigration attorney, and producer. Rusty Rowe provides additional production support. We're recorded at Bison and Bean Studios in Tulsa. Additional support from Amanda Ross and Ashlyn Faulkner. Our theme music is Velvet Rope by Gyom. Panic Button is created in partnership with Oklahoma Appleseed Center for Law and Justice and Leslie Briggs. Follow OK Appleseed on Twitter and Instagram at @ok_appleseed.If you want to continue the conversation with other listeners, please join our Panic Button podcast community on Bookclubz at bit.ly/3NRHO8C.TRANSCRIPT: Colleen McCarty 00:01If you're just tuning in, I suggest you go back and start listening from chapter one. Before we start a content warning: this episode contains accounts of domestic and sexual violence. Today's episode is a little longer than usual, we hope you'll stick with us. It's better for the story. If we tell you this chunk all together, the amount of violence, abuse, and frankly astounding acts of coercive control detailed in this episode are overwhelming. So take breaks when you need to. In early December of 1997, April's childhood friend Carrie was struggling. She had an infant child, and she was about to lose her house if she couldn't make the mortgage. April and Carrie had known each other since the eighth grade. When Carrie called April that night near Christmas in 1997, she was in tears. She was going to lose the house; she could lose the baby. Carrie wanted to know if April could loan her some money, just this once, to help her get out of this financial crisis. April's business had been going through bankruptcy. She'd struggled to show up to work the past few months because of everything that had been happening in her personal life. She was in no position to loan her old high school friend any money. But there was one person that owed April money. If she could get the money from him, she could give it to Carrie. The person who owed April money was Terry Carlton. This is Panic Button, Chapter Three: Hostile State. I'm Colleen McCarty,Leslie Briggs 01:45and I'm Leslie Briggs. In this episode, we're detailing the months of December 1997 to the night of the murder on April 28, 1998. It's hard to comprehend the chaos that April's life had become by this point. So there may be some skipping around in this episode because there's just so much that's going on. April had been doing her best to stay away from Terry after what had happened with the guitar neck. She was avoiding his calls, refusing to see him. But ever since April had stopped talking to Terry, unsettling things began happening around her house. April was being stalked. She had a prowler. Prowler was visiting her house multiple nights out of the week. There was often evidence of someone inside the house. At night, April would catch the shadow of a man lurking outside her windows. She even heard someone on the roof a few times. Throughout the fall and early spring, she was reporting the Prowler to the Tulsa police constantly. Curiously, the police would arrive mere moments after the Prowler had run off. April was also having problems with her door locks. Of course April suspects the Prowler was Terry, but the police were never able to catch him. And even though the police never managed to catch the Prowler, April's neighbor, Glinda McCarley, testifies about seeing Terry constantly speeding away from April's home in the spring of 1998. Quote, "It was just uncanny. How, when the police were called, his timing was impeccable. He could be in his car and gone just as they rounded the corner and only on one occasion do I know that they got there before we left." But back to December 1997. April, in her desire to help Carrie, reaches out to Terry about money for her friend's family. Terry agrees to pay April some money he owed her and April would give the money to Carrie. So, Carrie, her husband Alan, and April all go over to Terry's house in early December 1997 to get the money. Once at Terry's house, April notices that he's not looking so good. It looked like he hadn't left the house in a while. He had not been taking care of himself. He had no groceries. He looked like a wreck. In any event, Terry writes April a check and tacts on an additional $2,000. Terry asks April to cash the check and bring him that extra $2,000 in cash. He also gave April his credit card and the keys to his car. He asked her to go to Walmart to get him some things - some groceries, bring him some supplies. Bring back the cash, the credit card, and the car. So April leaves with Carrie and Alan and the three of them cash the check. April gives the rest of the money to Carrie and Alan and keeps the $2,000 for Terry. Then they part ways. Then, as instructed, April goes to Walmart at at first and Louis in Tulsa. As April goes into the Walmart, she actually sees an old high school friend of hers, Shannon Broyles, and that's just classic Tulsa. I mean, everybody knows everybody here. It's a big little city.Colleen McCarty 04:39It's actually not clear from the testimony if Shannon saw April heading into the store, or when she was at the checkout. April buys all the items that Terry had requested and heads to the checkout stand. The credit card didn't match April's signature, so the clerk asked to call Terry to make sure April had permission to use the card. April gave the clerk his number and then Terry got on the phone. April testifies the conversation went something like this. Clerk, quote, "Are you allowing a miss April Wilkins to use your card today Mr. Carlton?" Terry, quote, "No." Terry told the clerk "No." Even after he had given April the check to cash, the card to buy groceries and his car to transport everything. Terry tells the clerk to hold April there until he can come get his belongings. Shannon remembered that April seemed scared. To quote Shannon's testimony at trial, quote, "It was in the early morning hours and she - she said she couldn't even talk to me after not seeing me a long time. She couldn't stop and talk to me. Because she had to get out of there. She was afraid. She said she needed to leave. Question. All right. Did she say what she was afraid of? Answer from Shannon. Yes, sir. Question from the attorney. Okay. And what was that please? Answer from Shannon. She was afraid that Terry Carlton, she said, her boyfriend, said his name was going to come up there because he was mad at her for I believe it was using a card and for being gone too long."Leslie Briggs 06:13So, Terry shows up at Walmart and who drives him there? The Tulsa police officers walk Terry inside and he stirs up a confrontation. He's belligerently saying she's not supposed to be doing this. Despite the fact that Terry is alleging that April has committed the crimes of credit card fraud and auto theft, he tells the officers he doesn't want to press charges and he just he's going to take her home. So the officers leave, and Terry takes April back to his car and drives her to his house. No one in this situation seems to have thought it was odd that the victim of credit card and auto theft by his crazy ex-girlfriend just takes the thief with him to his car, and the two of them leave together. The police simply take Terry at his word. There's no effort on their part to find out if that his report has been made in good faith or if it's utterly false, which if he had made a false report would be a crime on Terry's part. But no, his word is taken at face value by the police. Now on the car ride home, Terry's mood has shifted wildly. April, looking back now, believes he must have been running out of drugs. He had asked her to make a large cash withdrawal while she was cashing that check for Carrie. And she knew the cash would be used to replenish his stash. Here's April talking about what happened at Walmart.April Wilkens 07:35He shows up with the police. All I remember is him telling them you know, "I'll take her . I don't want to press charges. I'll take her in." He probably neglected to tell them hey, I wrote her this $2,000 check -or I mean I - it was more than that. I don't remember how much we got for Carrie off hand right now. And tells them, "You know, I'll take her in." I'm just still kind of stunned by it all. I'm like, "Here is your money. Here's your $2,000. It's right there. You know, you asked me to do this." I remember the $2,000, as I remembered and I and I knew he wanted it for drugs. I was drug money cash, right. So. So we got that. And I remember when I got back to his house, that's when I just took off running, you know? And that's when I locked myself in that upstairs room. And it has a - it's an old house and it has a - you can lock it from the inside or the outside. So he locked me in the room and I had the room locked from the inside. It kind of goes blank from there. And I remember - it's - I don't know how long it was in there and that he - might have to go - I may have testified to it. I don't remember how long I was in there. At some point he tries to get in and he can't because I've got it locked from the inside. And that's when he kicks it - kicks it in and comes in. And that's when he yeah raped me at his house.Colleen McCarty 09:03As a small aside April and Shannon's relationship seems to be rekindled after they saw each other in Walmart. April begins to reach out to Shannon and tell her about the terror she's been going through. At one point, Shannon drops by April's house to show it to her boyfriend, a former police officer. Shannon rings April's doorbell but there's no answer. Quote, "April didn't answer the door at that time," end quote, Shannon later testifies. She goes to the back of the house and April tells her to come in through the backyard. Shannon, who lived with April their senior year of high school, knew that April was a neat freak. She was shocked to see the state of April's house. The door to April's bedroom had been kicked in and there was broken glass everywhere. And remember in episode one, when we told you that April called someone from her neighbor's house the night of the murder to ask if she could borrow a guard dog? That was Shannon Shannon had a doberman....Leslie Briggs 10:02Let's go back to the aftermath from the Walmart incident. Terry is driving April to his house and April and has a hard time remembering all of the details. But she knows that as soon as she was able to she was running. And she was running up the stairs and into the guest bedroom of Terry's house because it has a lock both a key lock and a deadbolt. And the room could be locked from either the inside or the outside. April is utterly terrified. And she knows that Terry's going to hurt her. And for some time, he has her locked inside the guest room from the outside. As soon as he unlocks it to come in, she locks it from the inside. Here's April at trial, quote, "I remember being locked in the room for a very long time. And then I remember you know, I had locked - I had locked him out. And then he locked me in I guess, and then I was there for quite some time. At some point he beat the door and kicked it in and attacked me. He tried to unlock it to come in and when he saw that I had locked it too, he - so he attacked me." Again, just a quick warning that this portion of the episode details another rape. So if you want to skip ahead, now's the time... So Terry is furious and breaks down the door to his own guestroom. He comes in shoves a valium pill wrapped in bread down April's throat. At trial, April's attorney had introduced photos of the doorframe and the door that Terry had broken down and we'll probably drop those in the show notes if we can get them.Colleen McCarty 11:41Terry violently raped April and caused vaginal injuries as well as injuries to her lower back. Her neck was also injured. She was drugged, she blacked out. And the next thing she remembers is waking up in the guest bed completely unable to move. She was terrified thinking that she had been paralyzed. She cried and screamed for Terry to call 911. "Please call 911." Terry must have been alarmed because he actually did call. When they arrived, April tells police that she was raped. Terry told the female officer at the scene that April was just one big bruise. The officers handcuffed Terry. So here we are: a critical moment where things might have gone differently. Terry's in handcuffs for the first time after all of April's reporting to the police. He's going to be taken in and booked for raping April. Finally, the system is going to work for her. Finally, law enforcement have the bad guy. Finally, April is going to get some distance and time between her and Terry and maybe she's going to get away, get help, and get out. Except. That's not what happens. Over the radio comes Sergeant Rick Hellberg and order for this officers to quote Uncuff him and just make a report. Terry is released and the officers do make a report. Officers documented the scene taking pictures of the bedroom and of April's injuries to her chin and neck. They drove her to Hillcrest hospital…

    Full show notes at the publisher

    S1:E2 Small Town Girl Living in a Violent World Jul 05, 2022
    Show notes

    In this episode we go back in time to 1980's Kellyville, Oklahoma where April grew up. Then we follow her to the car lot where she met Terry. We will hear the tape that April recorded of a fight between she and Terry after their trip to Italy. On the trip he beat her threatened to and throw her out of their hotel room naked, only to be caught by one of his fellow travelers on the trip. We are trying to categorize the time and place of April and Terry's relationship, and look for patterns of abuse, which escalated as law enforcement continued to turn a blind eye.Resources:For pictures of April as a kid, her wedding, the early years with Hunter, and pictures introduced at trial of April and Terry's international trips, visit okappleseed.org/episode-2-show-notes LA Times article about Don Carlton's bribery scandal: https://web.archive.org/web/20211117194929/https://www.latimes.com/archives/la-xpm-1994-03-16-fi-34784-story.html%C2%A0TIME Magazine story on Honda scams: http://content.time.com/time/nation/article/0,8599,3976,00.htmlInstagram post containing the Affidavit of Federal Judge Claire Egan: https://www.instagram.com/p/CQWQJrUDy-m/Detailed Timeline of Events in April's Case: https://aprilwilkensblog.wordpress.com/2022/02/12/timeline-of-events/Sign the Change.org petition to support April's release: https://www.change.org/p/oklahoma-pardon-parole-board-commute-the-life-sentence-of-abuse-survivor-april-wilkens?signed=trueDonate to keep our work going!: neappleseed.org/okappleseedLearn more about Oklahoma Appleseed: okappleseed.orgIf you or someone you know is experiencing domestic abuse, use a safe computer and contact the National Domestic Violence Hotline at www.thehotline.org or call 1-800-799-7233. You can also search for a local domestic violence shelter at www.domesticshelters.org/.If you have experienced sexual assault and need support, visit the Rape, Abuse & Incest National Network (RAINN) at www.rainn.org or call 1-800-656-HOPE.Have questions about consent? Take a look at this guide from RAINN at www.rainn.org/articles/what-is-consent.Learn more about criminalized survival at www.survivedandpunishedny.org/.Learn more about the Domestic Violence Survivors Justice Act at www.nysda.org/page/DVSJA.Follow the #freeaprilwilkens campaign on Instagram at @freeaprilwilkens, on Twitter and on their webpage at https://aprilwilkensblog.wordpress.com/.Colleen McCarty is one of the hosts, executive director of Oklahoma Appleseed, and producer. Leslie Briggs is the other host who is a civil rights and immigration attorney, and producer. Rusty Rowe provides additional production support. We're recorded at Bison and Bean Studios in Tulsa. Additional support from Amanda Ross and Ashlyn Faulkner. Our theme music is Velvet Rope by Gyom. Panic Button is created in partnership with Oklahoma Appleseed Center for Law and Justice and Leslie Briggs. Follow OK Appleseed on Twitter and Instagram at @ok_appleseed.If you want to continue the conversation with other listeners, please join our Panic Button podcast community on Bookclubz at bit.ly/3NRHO8C.TRANSCRIPTLeslie Briggs 00:00Glenda McCarley had tried to get the badge number of Officer Aaron Tallman just a few months before the shooting of Terry Carlton. She said his response to April Wilkens, her neighbor across the street on Quincy, was, quote, "infuriating." Glenda had seen numerous times Terry stalking around April's house in the late winter of 1997 and early spring of 1998. She said quote, "it was almost a joke, I think, among the neighbors, how he had the timing down so that he could always just leave and two seconds later, they'd round the corner." The he that the neighbors joked about was of course the decedent in this case, Terry Carlton. Regardless, when Officer Tallman arrived to find April sitting on Glenda's porch in the spring of 1998, waiting for help from yet another violent encounter, he walked up to the porch, looked at April and said, "You're beginning to annoy me." This is Panic Button. I'm Leslie Briggs.Colleen McCarty 01:05And I'm Colleen McCarty.Leslie Briggs 01:06And this is episode 2: Small Town Girl Living in a Violent World.Colleen McCarty 01:14Many years before Glenda McCarley asked for Officer Tallman's badge number, April was just a kid from Kellyville, Oklahoma, a small town southwest of Tulsa on the I-44 Turnpike. The town had a population of 960 in 1980 when April was 10. Kellyville is on old route 66. Local landmarks include a cotton gin and oil derricks dotting the town's main street. The cotton gin has since been demolished. Local high schoolers would go out to Cry Baby Bridge, which was ironically rumored to be haunted by the ghosts of a woman who was fleeing her abusive husband and her baby. The two wrecked and the baby's body was never recovered. So the legend goes, you can hear the baby crying from the bridge late at night. April was an average teenager in Kellyville. Her parents worked at a local orthotics and prosthetics clinic. Her father, Rex, was an amputee himself and had learned the business due to necessity. April was a cheerleader. But even though everything looked perfect from the outside, like most Oklahoma homes during this period, there was strong discipline. And like any family, some dysfunction.April Wilkens 02:26My upbringing made me susceptible. And I know my parents just did what they knew. They grew up in abusive childhoods. So I know, my dad, he had a tough upbringing. You know, his dad - his dad used to beat his family. And, you know, he was a preacher and my dad felt that was very hypocritical. And, you know, my mom, dad leaving the family. And she grew up being abused. That influences children. And I want to honor their memory. Because even though, yes, there was violence and abuse, I know that they did what they knew. That's how it is. And my sister, she's always - she wanted to write a letter talking about the abuse and all of that. And my mom got mad, and then she didn't put it in there. But she's always encouraged me to talk about it. So, I'm really talking about it for the first time.Terry Carlton 03:23April and Mary are actually half sisters. They share the same mom and Mary spent a little bit of time talking with us about her mother's history of domestic abuse with her biological father. And then of course with Mary stepfather April's biological father, Rex. April and Mary's mother often played out these cycles of abuse that we see repeating themselves in April's relationship with Terry. She would leave and return and leave and return and get hooked in with an abusive partner until it got to be unbearable, and she would flee. Mary gave us a little glimpse into what it was like growing up with both her biological father and then with April and Rex and her mother.Mary 04:07He grabbed us and my grandmother - I did not know my grandmother called him at work. He worked right down from the house, and she called him. My mother was trying to leave with us. We lived with them. And he threw us in the bathroom. And he had a gun and he said he would shoot us before he'd let her have us. He didn't want us. I know that, you know, as an adult. He just thought she would stay if he did that.Leslie Briggs 04:29Eventually, Mary's mother left for good leaving her and her little brother behind with their biological father, who was an alcoholic, extremely physically and emotionally abusive. Mary didn't see her mom for about two years. When she did, she learned she had a little sister. April.Mary 04:46She was two, actually, when I met her. My mother had left my father again. I didn't even know I had a two-year-old sister. Like me having a live doll.Leslie Briggs 04:54Here's how Mary describes the car ride home after meeting her stepfather, Rex, for the first time.Mary 04:59He hit my brother in the mouth on the way to their home, in the car. They just showed up to pick us up. We didn't have any warning or anything whatsoever. And it was so cool to see my mom again. You know, I had nothing but good memories of my mother or love for my mother and I was just, like, so excited. Yes, he hit my brother in the mouth. My brother answered my mother. She asked him something and he simply answered her. I don't remember it being snarky or anything when he ?? He said, "Don't talk to your mother that way," turned around and smacked him in the mouth that made his lip - hit his lip up against his teeth, I guess, and because his mouth bled. I never stood up to him. I was too afraid of him. And he made me kind of crazy. And I stood up to him as an adult, but on the way home, I was just like, really, this cannot be happening again. But it was.Colleen McCarty 05:45Throughout the trial, April was hesitant to reveal her childhood. She didn't want to shame her parents. Even though her childhood had episodes of violence, there was a lot of happy memories too. She remembered both her parents standing by her throughout the entire trial and supporting her in the years afterwards. Even though her sister wanted to write a letter to the parole board much later detailing the family abuse, April refused.Leslie Briggs 06:11There's even a moment on the stand when the district attorney Tim Harris alleges that April was hospitalized for drug abuse when she was 15. April, in her testimony, does not do a good job of refuting this simply because she was balancing the fact that her parents were in the courtroom listening and she didn't want to make them look bad. The truth was, she had stayed out all night with her friends and her mother had dropped her off at St. John's to get a drug test. Her mother could only conclude that April must have used drugs with her friends. There were of course no drugs in her system. But the doctors asked to keep April overnight due to suspicions of anorexia. Here's how Mary remembers April's eating disorder.Mary 06:49No, we all knew something was going on. And I think it was something she could control. Forgive me, but I learned in psychology - now, remember I'm gone and I only come back and visit once in a while and why I can back to visit who knows - but she would go to the strangest phases, bless her heart. She would eat - buy a whole loaf of bread and eat the hearts out of the bread and leave the crust. And then the next week she might just eat the crust and not eat the hearts of the bread. It was just so - the things she would do are so strange, honey. But it was something I think that she could have control over.Leslie Briggs 07:20Now of course, April told us that the anorexia was really a function of her home life. Mary shared with us just a small story about how Rex, her stepfather and April's biological father, would speak to them about their eating habits.Mary 07:36I never hardly ever brought friends home. But I brought a friend home one time that down the road who was in an abused home just like I was. Some - we attracked each other you know how that is, I'm sure, somehow. But I went in the kitchen and made us some peanut butter and honey was - we were gonna eat it on crackers. And I made enough for two people because I had a friend there with me. And he came into the kitchen, and I was a pig and I was never going to get married. No man was ever going to look at me. How could I eat that much? And I was skinny - I mean, I was so skinny it was ridiculous. Because I could - I could eat whatever I wanted you know what I mean? And not get - Anyway, I stood there and took it. Went into the bedroom, sat down, ate that. She said, "So this is why you don't ever ask me over?" I said "Uhuh." I just didn't. Why would you? I was humiliated. You can only imagine -Leslie Briggs 08:25Ultimately, they diagnosed April as anorexic at 15 and sent her home with little information or treatment resources. But April was always incredibly intelligent. She graduated high school two years early, went on to Oklahoma State University for undergraduate studies, where she majored in clinical dietetics. She later attended an accelerated program in orthotics and prosthetics at Northwestern University in Chicago. She graduated with her Master's in 1991 when she was just 21 years old.Colleen McCarty 08:55In 1990, when she was 20, she met Eric Wilkens and got pregnant with Hunter. She was attending her Master's program in Chicago while Eric went to undergrad at the University of Oklahoma. They were married. Eric and April then divorced in 1993 after the long distance relationship had taken a toll. They'd grown apart. And April would later say that she was too young to appreciate a good man like Eric. We talked with Hunter, April's son, recently about the divorce and what he remembers about his mom in those early years.Hunter 09:28I was five years old. And you know, it was a clean split up. I think they had joint custody at the time. So I was spending a week at my dad's, a week at my mom's. Completely normal. My mom's house was awesome. I had the entire upstairs to myself. I had a TV hooked up to an N64. I had a computer in the mid 90s, which was awesome. I don't even think there was internet to it. It was just a computer that you could do things with. I think there was sometimes you'd get internet to it or not. I had a Batcave and I red racecar bed, which was super cool. The Batcave had a zipline, where Batman could slide through. Living at my mom's house was really nice. Like, it was really cool that she was - she was - she spoiled me rotten. My dad did not like it at all. The only thing I did not like about my mom's house is that she made me eat healthy and soy stuff.Colleen McCarty 10:48Hunter remembers that April was a good mom.Hunter 10:50She was a parents. She was good parents. She - she told me to do everything that I needed to do. I did everything she that she told me to do. And she you know she - we had a good time. She she took me out places and I mean we had a good time. It was it was it was great.Colleen McCarty 11:06During the early 1990s April was a working single mom with not too much drama in her life. As you can see, April is not the typical criminal defendant in a murder case. She's a woman. She's white, and she's highly educated. This demographic is not typically who you would see sitting behind the defendant's table. By the nature of the system, most defendants are impoverished with a high percentage being people of color. Most defendants have not completed any college, most prosecutors would not want to prosecute someone like April. She is what we would call sympathetic to an extreme degree.Leslie Briggs 11:44Which is a whole separate level of fucked up that we're going to get into throughout this podcast, but it's the truth. Interestingly enough, Terry was also growing up in Tulsa, about 20 miles away from Kellyville. In 1989, the year of his first stint in drug rehab, he was 31. And there's a 12-year age difference between Terry and April that doesn't get discussed much but it's certainly an element to issues of power and control and abuse in this relationship. Terry had gone to the University of Oklahoma, and he was described as a good athlete and a talented musician. Terry's father, Don Carlton gained some notoriety, or infamy depending on how you look at it, for offering a Honda executive and briefcase with $250,000 in cash in 1983 in order to secure the rights to his own dealership. Now ultimately, Don Carlton was not prosecuted in that matter, but the man who took the bribe was. And the scandal was profiled and Time Magazine as well as the LA Times and we're going to drop links to those articles in the show notes. So, from…

    Full show notes at the publisher

    S1:E1 The Shooting Jun 28, 2022
    Show notes

    Terry Carlton is found shot dead in his basement in Tulsa, Oklahoma. When the police arrive, his long-time on-again-off-again fiance, April Wilkens, answers the door. "I shot him, he's in the basement," she says.But this wasn't exactly an open and shut case. Terry had raped April mere hours before the shooting. It was while he was violating her that he said he was going to kill her and twisted her neck to break it. During the life and death struggle for her life, April knows she had no options--it wasn't a feeling, she had no options.In 1999, Wilkens was tried by the state of Oklahoma and sentenced by a jury to LIFE. She's now 51-years-old, and 25 years into her sentence. Panic Button is the untold story of the escalating cycles of abuse that led to Terry Carlton's death, and the unthinkable ways survivors of violence get chewed up and spit out by Oklahoma's justice system.In this first episode, attorneys Colleen McCarty and Leslie Briggs tell the story of the night of the murder, the facts in the record, and April's testimony from the stand at trial. Resources:Detailed Timeline of Events in April's Case: https://aprilwilkensblog.wordpress.com/2022/02/12/timeline-of-events/Sign the Change.org petition to support April's release: https://www.change.org/p/oklahoma-pardon-parole-board-commute-the-life-sentence-of-abuse-survivor-april-wilkens?signed=trueSee pictures of April's and Terry's houses now and watch a video of host Colleen McCarty driving from April's to Terry's so you can see how close they lived at the time of the murder. https://okappleseed.org/episode-1-show-notesDonate to keep our work going!: neappleseed.org/okappleseedLearn more about Oklahoma Appleseed: okappleseed.orgIf you or someone you know is experiencing domestic abuse, use a safe computer and contact the National Domestic Violence Hotline at www.thehotline.org or call 1-800-799-7233. You can also search for a local domestic violence shelter at www.domesticshelters.org/.If you have experienced sexual assault and need support, visit the Rape, Abuse & Incest National Network (RAINN) at www.rainn.org or call 1-800-656-HOPE.Have questions about consent? Take a look at this guide from RAINN at www.rainn.org/articles/what-is-consent.Learn more about criminalized survival at www.survivedandpunishedny.org/.Learn more about the Domestic Violence Survivors Justice Act at www.nysda.org/page/DVSJA.Follow the #freeaprilwilkens campaign on Instagram at @freeaprilwilkens, and on their webpage at https://aprilwilkensblog.wordpress.com/.Colleen McCarty is one of the hosts, executive director of Oklahoma Appleseed, and producer. Leslie Briggs is the other host who is a civil rights and immigration attorney, and producer. Additional audio production by Rusty Rowe. Support from Amanda Ross and Ashlyn Faulkner. Our theme music is Velvet Rope by Gyom. Panic Button is created in partnership with Oklahoma Appleseed Center for Law and Justice and Leslie Briggs. Follow OK Appleseed on Twitter and Instagram at @ok_appleseed.If you want to continue the conversation with other listeners, please join our Panic Button podcast community on Bookclubz at bit.ly/3NRHO8C.Transcript: Before we get started, a content warning: this episode contains accounts of domestic and sexual violence.April Wilkens is a middle aged grandmother who would risk everything if it meant keeping her son Hunter from harm. She's a pacifist, a vegan, and she weighs 105 pounds. She's a health nut, leads Five K's in her spare time. In the early morning hours of April 28, 1998. She changed the course of her life and Hunter's life forever. And she did it to protect him and to save her own life.In 1998, Tulsa was a small-to-midsize city in the Midwest. It dots the northeast corner of Oklahoma. Scorching hot in the summers, below freezing in the winters, this city in the heart of tornado alley is often known as a city of dualities. Tulsa is largely sustained by the oil and airline industries with some other large-scale manufacturers across the landscape. It's not exactly the kind of place you could leave your doors unlocked in 1998, but go 20 minutes in either direction and you'd find yourself in cow country. The city is largely sprawled across several miles, and public transportation is abysmal. So, most people have to buy and own cars. This will become important shortly. When officer Laura Fadem, a patrol officer for the Tulsa police department, received a radio call to 2272 East 38th Street in Tulsa around 9am on April 28, 1998, she was not sure what to expect. Officer Fadem had been called to the residence several times before. All of them had been domestic violence calls. But this call was different. The radio code indicated it was a shooting call.She arrived at the scene to find two other officers already present. She saw movement in the house and the front door was opened by none other than April Wilkens. Remember the vegan grandmother we mentioned earlier? Yes, her. But at this time, she was a 28-year-old single mother who had just survived the most harrowing night of her life.Like, I knew that I was gonna die. You know? I had made - I just like - I was gonna die - and I did - I just knew I was gonna die. Like, you just get to the point. Okay, as long as my son is safe with his dad, you know?"I shot him. He's in the basement," April tells the officers at the door to officers go down into the basement. Officer Fadem stays with April. April tells officer Fadem that she came to the house on 38th Street to make peace. She wanted to make peace with a man who had made her life a living hell for the last three years, whom she had once loved. The man who lay dead in the basement, Terry Carlton.April keeps talking. She tells officer Fadem everything she can remember, all the while waiting for the other officers to return. April tells officer Fadem in a fast talking, high pitched voice that Terry had a box of douche in the bathroom. He had raped her violently with a gun to her head and then forced her to douche so there would be no evidence of his semen. She told officer Fadem that she would find the box in the upstairs bathroom trashcan. April says she was fighting for her life and she shot Terry eight times. She covered his body and held his hand. The other two officers return and remind officer Fadem to read April her Miranda Rights. Officer Fadem describes April as very excitable, quote, "She was excitable but yet she was somewhat you know, calm and was answering all the questions that were asked of her", end quote and April goes on.The officers who went down to the basement found a grisly scene. They're syringes littering the basement, drug residue and paraphernalia surround them. They find a loaded gun on the back of the rec room couch, ther are handcuffs covered in han - hand sanitizer, and there, in the center of the room, is Terry Carlton's body. A subsequent search of the basement revealed five hand grenades which later had to be destroyed by the Tulsa police department Bomb Squad. April has a bruise on her face. Her bike pants are ripped from where Terry yanked them down in order to rape her at gunpoint. Officer Fadem later testified that April told her that she wasn't sorry it happened. She felt like it was the right thing to do. But she wasn't upset that it happened. In truth,April's mind was reeling partly from the adrenaline and partly from the psychotropic drugs that had been administered less than 24 hours before in the mental institution where the police had had her involuntarily committed. "I was a basket case," April admits from the warden's conference area Mabel Bassett prison almost 25 years later.April thought the fight for her life was over that night. She maintained one shred of hope that the system that had failed her over and over again, would this time finally understand what she had been going through and afford her mercy. In fact, the system that abandoned April for three years prior begins to churn into motion. Because for all the times it failed to arrest and prosecute Terry Carlton, it only took one time for the system to arrest and prosecute April Wilkens for first-degree murder. This is Panic Button. I'm Colleen McCarty. And I'm Leslie Briggs. Chapter One: the shooting. This is a different kind of true crime story. This is the one where the woman survives against all odds. This is the one that wakes me up at night sweating. This is the one where the usual heroes we come to count on - the hardworking beat cops and the homicide detectives who always get it right -are nowhere to be found. This is the one where the system fails you so many times. And then for extra measure the system commits you and calls you psychotic, all while you're fighting for your life. This is the recurring nightmare you have where you're screaming as hard as you can. But no sound is coming out. I'm an attorney. I've been working in Oklahoma on criminal justice reform for four years. I've helped to commute over 100 low level drug crime sentences and worked on criminal legal legislation.I'm also an attorney. I spent the last few years working on federal civil rights litigation, mostly on the employment side of things. But I also got to witness a few cases of extreme police misconduct. Both of us work to uncover and justices in the system. In every case, there's a journey to uncover the truth, the truth should always be the goal. But in April's case, we see the truth obscured again, and again, by power, money in a midsize city's small town justice system. There was no combination to the lock of safety for April, she could not crack the code. Instead, the system cracked her. And she's the one - she's the one who has to pay the ultimate price. Sure, she may have been a battered woman, but she made the choice to pull the trigger. Sure, she may have been raped over and over and over, stocked to the point of not being able to return to her home. But she made the choice to go to Terry's that night. She knew what she was getting into. April's story will piss you off. It will wake you up. It will show you that even when you will do whatever it takes to survive, you will be shoved into another system where all your greatest fears, loss of freedom and control, surveillance, fear and violence are your everyday reality...The problem with a story like this is it's hard to know where to begin. There are a lot of twists and turns and rabbit holes. We want to take you down all of them but we want to avoid giving you tinfoil hat vibes. Sometimes, in order to understand what happened to April, you have to understand what was going on with the Carltons, what was going on in Tulsa, and the reality that April lived every day after she met Terry in September of 1995. We're going to start in the middle of the story and begin on April 27, 1998 - two days after April's 27th birthday. It's 2pm. And April has just been dropped off at a substance use program in Tulsa after serving two weeks of involuntary commitment at Eastern State Hospital in Vinita. She breaks out and runs from the program hitchhiking back to her house in the Brookside neighborhood of Tulsa.When she gets there, she finds her home totally destroyed. April hasn't been home in a little over two weeks. But there are sticky notes all over the house with disturbing and threatening messages. The only one that April can remember now is one that says, "April, It's been real." After April went to jail, her mom and her sister Mary had the unfortunate task of cleaning up her house. Here's Mary's description of what they found.They had made like bed on the floor with - with blankets and pillows and towels and - but everything was soiled. It was just disgusted. I've never seen anything like it my life. I mean, I had to ask mom "What has gone on here?" And my mom looked at me she says "I don't even want to know." You could not use the bed the bed was that soiled and that destroyed. And it was - you believe it was semen? Yes. Ah. And um - I don't know that for fact. You'd have, you know - But I don't know what else it could have been. I mean, it was just it was awful. She didn't have any pets. And I just know I've never seen anything like that in my life. Yeah. Never had I seen her home like that before, in the few times that I had been in it. Yeah, April didn't do this. I'm like, "I can't imagine her allowing this." My mother was a clean fiend. Absolutely. She felt dirty. She'd been abused as a child. And - and she was just - it was ridiculous how clean our home always was. And so April and I tended to be the same way and I'd never been in April's home when it wasn't immaculate. So this was just - I said, "What happened here?" That's all I kept saying. How could this have - I just couldn't - you couldn't, you know, I couldn't get over it. I'd never seen anything like that in my life. It didn't - I don't want to ever again. Alcohol bottles everywhere. Joints - ends of joints. Syringes. It was - this stuff was everywhere.When April described the home to us, she told us that it looked like Terry had poured liquid all over the floor and the furniture inside her house. Here's Mary's take on that.It looked like at the least urine. But I would - I would have thought it looked like semen. It didn't look like any liquid I've ever seen other than -Yeah. And I should - maybe, maybe I'm wrong. Maybe it was something else.Did it seem like -It looked like urine or semen. It didn't look like anything else other than that to me. We didn't touch any of that. We just didn't. I just - mom said "Be careful. Anything you touched for - for needles and stuff." We just collected her clothing so she - and pictures and things like that so she wouldn't lose everything....April's house has been ransacked. She's missing clothing and electronics and various other pieces of personal property. And April is scared. She knows who did this. She doesn't know what to do about it. She can't call the police, partly because she has in the past and it has never helped the situation. Partly because she literally can't. Her phone lines were cut a few weeks earlier by the same person who destroyed her home and took her stuff. April leaves the house as quickly as she can. She goes walking around Brookside and Riverside for hours. Eventually she stops at the Blue Rose Cafe and tries to page her friend Luke Draffin. He doesn't answer and doesn't call back. She eats fries, drinks a coke and she's out of there and a little under an hour. She keeps walking, trying to clear her head. But then dusk comes on. And April heads back to her house, which is, of course, still a very frightening scene. So, April changes clothes, puts on running pants, a biking vest and top and grabs her rollerblades. She rollerblades to her neighbour's, the Hugheses. And she visits with them for about an hour and a half to two hours, catching up on the neighborhood and trying to figure out if things have been relatively quiet, or if there have been more disturbances at her house.That's right, because leading up to the night of April 28, there had been a lot of disturbing things going on in and around April's home.Exactly. And we're going to get into each of those horrifying incidents throughout this podcast. But, so, April visits her neighbors and uses her phone, tries to page Luke again, no answer. She calls her friend Shannon Broyles and asks her to contact an ex-boyfriend, a former po…

    Full show notes at the publisher

    You’ll Get to Hear What the Jury Couldn’t Jun 23, 2022
    Show notes

    We’re telling the story of April and Terry’s relationship, the murder, the mistakes at trial, and we’re covering the evidence the jury never got to hear. This season on Panic Button.


    Listen to Panic Button Jun 22, 2022
    Show notes

    A short ad for our new true-crime-advocacy podcast, Panic Button: The April Wilkens Case. Listen along as we tell April’s story, uncover evidence never heard at trial, and try to bring April home after 25 years in prison.


    Panic Button: Season 1 Behind the Scenes Promo Jun 20, 2022
    Show notes

    Attorneys Leslie Briggs and Colleen McCarty discuss what to expect on this season of Panic Button.


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