because Charles didn't DESERVE to be MURDERED! and his MURDERER does NOT DESERVE PRIVILEGES! Please sign this petition!

We are demanding that the State of Kansas:

1.) Deny All Future Parole requests of Kenneth Cook for the brutal murder and mutilation of Charles Dale Duty.  Kenneth Cook should be forced to serve out the remaining of his original sentence, the "Hard 40".  Kenneth Cook was already on parole as per KDOC records when he participated in the murder of Charles Dale Duty in 1992 so this makes him even more of a risk if he is paroled to kill again with old associates!

2.) Ensure that Kenneth Cook will not obtain a Work Release from prison because as a convicted murderer and mutilator of victims' bodies, he should not be allowed to move about on his own recognizance to and from prison because he is a severe & dangerous threat to the public's interest. And because KDOC should only use Work Release Programs for NON VIOLENT offenders.

3.) Deny Kenneth Cook all special privileges while serving the remainder of his sentence in prison for the murder of Charles Dale Duty.

4.) Request the Kansas Supreme Court to review and if possible reverse the latest judge's sentencing in regards to the 2nd Degree Murder conviction of Kenneth Cook and allow Shelleen Eberhart, who is Charles Dale Duty's sister along with other members of Charles' surviving family, to read their victim impact statements in a NEW re-sentencing for Kenneth Cook's latest convictions of 2nd degree murder which reduced his original sentence of 40 years from his original trial to LIFE (with the possibility of parole after 15 years).

TELL KANSAS THERE IS NO PAROLE FOR KENNETH COOK!

Please visit Justice For Charles Dale Duty on Facebook 
https://www.facebook.com/JusticeForCharlesDaleDuty

This is the story of Charles Dale Duty's murder and our family's journey for his "True Justice" that can be read below.  It is very long and painful to read.  But it's one that deserves more attention than it has been given by Kansas State Officials.  Thank you all for your support.

In 1992 Kenneth Cook brutally murdered & mutilated my Brother and sank his body in the Wakarusa River. We are asking that you help us oppose his parole.

My name is Shelleen Eberhart, this petition was set up to Oppose Parole for Kenneth Cook who brutally murdered and mutilated my brother, Charles Dale Duty. Friends and family have always called him Charlie or Little Charles, as he was our Fathers name sake. Some refer to him as the “Victim” but I will refer to him as my brother or by his name, Charlie.

My Brother Charlie was savagely murdered on or about September 7th in 1992 by Kenneth Cook and his accomplices. Unfortunately, Kenneth’s accomplices received immunity in order to help convict Kenneth. Our family was more than saddened and angry over this. Yet, we were still grateful that Kenneth Cook was tried and found guilty and sentenced to the “Hard 40”. We the family wanted the Death Penalty, however the Death Penalty was no longer a form of punishment in the State of Kansas Judicial System, as in 1964 it was considered “cruel and unusual punishment”. We voiced our concerns about that then, keeping in mind the fact of what Kenneth Cook did to my brother was truly cruel and unusual, unlike a physician assisted death such as Capital Punishment. From what I understand, around 1993 The State of Kansas reinstated Capital Punishment, although Capital Punishment would not have been an option for Kenneth since he murdered my brother before 1993 we were still elated for the reinstatement for many reasons. 

My Brother was on hard times and he was staying with people who he thought were “friends”. Charlie had health issues and was being prescribed pain medication from a local University to try and relieve some of the pain that he was enduring. Apparently this group of “friends”, one of them being Kenneth Cook (who was described to me as the mastermind of the killing and mutilation) decided to murder Charlie for his pain medication or because Kenneth’s wife (then Girlfriend), Elizabeth Herbert Cook previously stole pain medication from my brother and he anticipated a confrontation. Kenneth Cook premeditated this entire murder from obtaining the gun to sinking Charlie’s mutilated body in the Wakarusa River and every sickening detail in between. It is evident that Charlie’s murder was premeditated and carried out as Kenneth had planned. 

From testimony of his accomplices, on September the 7th of 1992 Charlie was asleep in a bedroom where he was staying with Kenneth Cook, at that time Kenneth Cook and his accomplices went to the bedroom where Charlie was sleeping and Kenneth shot Charlie with the Black Powder Pistol in his back as he laid asleep. The first shot did not kill Charlie but being shot surely woke him, he quickly realized he was shot by Kenneth. Charlie said something to the effect, I’m dying and Kenneth replied by saying something like you’re not dead yet and then Kenneth shot Charlie again this time striking him in the aorta, killing him. After that, Kenneth and his accomplices rolled Charlie’s body up in old carpet and transported him to another location while taking the steps to hide his identity. Kenneth mutilated my brother’s body and that in its self takes a true psychopath. Kenneth being the evil human being that he is was not only able to kill unnecessarily but he was able to cut Charlie’s tattoos from his body and to pull his teeth in order to hide is identity. Can you imagine slicing someone’s skin off? Can you imagine the force it took to pull approximately 30 teeth out? Most of us cannot even imagine that, but Kenneth was able to not only plan it but he was able to actually go through with it. As though that was not enough, Kenneth and his accomplices tied my Brother to an 8 foot long, 45 pound metal beam and sunk Charlie’s body in the Wakarusa River. Their theory was that the weight of the beam would hold his body under water, which it did for approximately 7 days. In mid-September there were a couple of fisherman that found my brothers mutilated decomposing body floating in the Wakarusa River. 

A couple of weeks later as I was at home in Florida with my children, I received a phone call at my home from Topeka Detectives asking me if I knew anyone in Topeka Kansas. I knew immediately something was wrong, I knew then he was gone but I could never imagine the story I was going to be told and the story I would have to tell. 

Since the detectives now knew who their “John Doe” was, they were eager to solve the murder. Bearing in mind that Charlie was a John Doe for approximately 30 days. We started the interview with the last time I spoke to Charlie. I recalled it being around August the 24th 1992. I remember because my birthday is on August the 29th and we were in the path of hurricane Andrew so being the great big brother that Charlie was, he was sure to call me before the hurricane hit and to make sure we were safe & to wish me a happy birthday (just in case we had a power outage after the storm). We also discussed his possibility of him moving to Florida in that same conversation. From my understanding, at that time Charlie’s murder was the most expensive and the most exhaustive crime in Kansas history. 

I then did what I had to do and made the arrangements to bury my oldest Brother. Planning a funeral for anyone is always difficult but this was particularly hard on the entire family considering the savage way Charlie’s life was taken and the steps taken to hide his identity. Imagine being at a funeral of your loved one, imagine the pain and sorrow. Add in undercover detectives at the service and the fear of the killer or killers being on the loose. The whole thing seemed like an out of body experience, a nightmare, something not real. During the beginning of the funeral as the Reverend was speaking, I kept smelling something horrible, something I never smelled before. The odor was so bad that I could only focus on the smell and not the words that was being spoken in honor of my brother. Reality hit me quickly when I had come to the conclusion of what I was smelling. It was the horrific smell of my Brothers decomposing body. That is something that I will never forget nor will the others that were in attendance of the funeral. We laid Charlie to rest in Topeka. After everything he endured both alive and post mortem, atlas his body was laid to rest.

Our Father died knowing his first born son was brutally murdered and mutilated. All of Charlie’s Nieces and nephews has had to grow up never meeting their uncle but knowing the horrendous story of why. Charlie never had the opportunity to marry or become a father. His life was taken from him and it was taken from his family as well, all because Kenneth Cook was able to not only able to conceive such a gruesome plot but to actually carry through with it. 

I have always wondered why Kenneth chose to kill Charlie? Other criminals Rob, Steal and Fight their victims, not all criminals choose to murder and mutilate their bodies, why did he brutally murder and mutilate my brother? I have always come back to the same conclusion. That Kenneth Cook is like many other killers a psychopath. He is someone who most likely took pleasure in the act, someone definitely without remorse, someone without emotion. People like Kenneth Cook should not have the opportunity for freedom.

After researching Kenneth Cook, it seems he has always been troubled. Stories of his childhood are of him killing animals and having no emotions whatsoever. I truly believe that people like this cannot be rehabilitated. Kenneth was a drug user then and his disciplinary record shows while in prison that he was caught with some form of drugs on different occasions while in prison, makes one wonder how many time he was not caught with the drugs. My point being, this tells me and should signal to the PRB and the community that Kenneth Cook is not rehabilitated nor is he ready to live among everyday citizens.

After Charlie’s murder, I went to counseling services for about two years. Though therapy I learned that I could not relive this devastating loss daily. By doing so it was only hurting me and my family and I knew I was stronger than that. With guidance through therapy, I slowly stopped reading the news articles daily, I slowly stopped watching the recorded newscasts. I slowly had to go on with my life and take comfort in knowing that Kenneth Cook received the Hard 40 as his punishment for emotionlessly and coldly taking the life of my Brother. 

I checked in with the District Attorney’s office every few years just to be sure everything was still as I knew it. Unfortunately, the Hard 40 was overturned in 1996 by the Kansas Supreme Court, which ruled that the malicious killing of Charlie wasn’t committed in a particularly heinous, atrocious or cruel manner (which is apparently a factor in imposing the Hard 40 sentence). And since Charlie’s body was mutilated after death that it wasn’t considered heinous (who would of thought for a second that is not heinous). That was at the time of my 1st move and somehow that one piece of mail about the retrial was not forwarded to my new address. Unfortunately since I was not aware of the retrial my voice was not heard then. From what I understand Kenneth’s sentence was reduced to 2nd degree murder and he was sentenced to life (with the possibility of parole after 15 years). Even though this was clearly premeditated which should be a 1st degree murder charge we cannot understand how it was reduced to 2nd degree murder. At this point, as hurt and disgusted as we were, we knew there was no reversing this. 

In the last 7 or 8 years I reached out to The District Attorney’s office to update my current address (Which was my 2nd and final move) as well as to follow up on the case. Specifically I followed up around 2008 or 2009 and the most recent time was in 2012. I was told both times that if there were any changes whatsoever in the case that I would be notified. Since I was not previously notified, at this point I felt it was best to follow up every couple of years.

On 3/26/14 I decided to google Kenneth Cook to look him up which I do from time to time. I was shocked to see an article written by Ann Bush at the Topeka Capital Journal dated 1/24/14 about Kenneth Cook going before the Prisoner Review Board. I was immediately sickened, saddened and disgusted. Furthermore I felt betrayed by the State of Kansas for not informing me about his work release program or his opportunity to go before the Prisoner Review Board. What I felt as I read the column, words simply cannot describe. 

I called the District Attorney office, they were closed for lunch, in a panic I then started calling the prison, victims’ rights and anyone who would answer. Finally I was directed to Ms. Laura Farmer with the Victims Services. I was informed that Kenneth Cook was still incarcerated as well as the fact that the Prisoner Review Board had not rendered their decision as of yet. From what I understood, the decision is expected within days. I asked why I was not notified, it was shared with me that they mailed me at the address that I moved from in 1994. I was outraged since I have only lived in three residences in the last 25 years. All three of my addresses were on file with the District Attorney’s office. I purchased my home in 2003 and have resided here since. I attached a PDF of an envelope from the District Attorney’s Office, with my current address on it postmarked 2/3/12 (which 2/3 is ironically Charlie’s birthdate) which proves my point that they had my current address. Even if you google me by “Shelleen Eberhart” the first thing that pops up is my past and current addresses and even a current phone number (which I also attached as well). So regardless of how obviously important this is to the families, it is clear that there is/was not good record keeping when it came to the contacting the victims’ families (at least we can say that for our family). Also, something so important should have warranted at the very least a minute by doing a Google search of the family member on file. They simply were satisfied with the notice returned as undeliverable.

My Family and I still cannot fathom how Kenneth Cook was not found guilty of First Degree Murder at the retrial, when all the facts of the case, which include the actions Kenneth Cook took after killing my brother and to cover his heinous deeds, which goes to Motive, clearly points to First Degree Murder. Based on his actions, we do not feel Kenneth belongs back in society and has not earned his right to live a free life!! We are asking that Kenneth Cook remains behind bars for as long as the law allows. Considering the fact that his original 40 year sentence was reduced to Life (being eligible for parole after 15 years), for Second Degree Murder, we believe that Kenneth Cook was given a gift by his peers, as the result of the Second Degree Murder conviction absurdly reduced his sentence. The fact remains that through his incarceration, he has continually been disciplined for illegal drugs and contraband, with the last being in 2011. Being that this crime was fueled by and over drugs and the fact that Kenneth continues to involve himself with drugs, it shows that he has not learned from his past misdeeds and is not rehabilitated. He also has a history of being disciplined for not obeying orders while incarcerated. If Kenneth Cook cannot follow the rules and procedures while incarcerated, how can we expect Kenneth to follow the Laws of the State of Kansas, if he is released? Even Senior Assistant District Attorney Dave Debenham was once quoted saying that “Kenneth Cook is an individual who cannot or will not reform his conduct to the mores of society. He is a career criminal."

Not once has Kenneth Cook ever shown any signs of remorse to our family for taking Charlie’s life. No letter, no apology, no explanation… Nothing! Studies have shown that a person who has a lack of, or shows no signs of guilt are usually incapable of feeling remorse and is often labelled with antisocial personality disorder. 

As per the State of Kansas Department of Corrections Offender Record, which is posted to the FB page. It appears that Kenneth was on parole from September 1988 until his arrest May of 1994. If this is true, then Kenneth would have been on parole at the time that he murdered Charlie or if not, shortly after being released from parole. If this is the case, this should be a huge factor in your determination on his current request for parole.

Like us all, Charlie was human. Yes he made some mistakes in life. However he learned from each mistake that he made and he not only apologized and regretted his past mistakes but he learned from them as well. None of Charlie’s life’s lessons were ever as severe as taking someone life! Regardless of what Charlie’s past bumps in the road were, nothing warranted being murdered and mutilated. 

Since my brother is not here to speak for himself, I attached two cards that I still have that Charlie sent to me. One of the cards was just a couple of months before he was murdered. That card included a poem that he wrote me. I am sharing these cards with you so you can see part of Charlie through his loving words. We hope by reading these that people can get a feel for what type of person that Charlie really was.

My Family and I have asked the Review Board of the State of Kansas to consider the fact that Kenneth Cook committed an extremely horrible crime, by killing my brother and exhibiting “Animal Like Tendencies”, by his actions to cover up my brother’s murder. We feel that Kenneth Cook should serve his entire sentence and live the rest of his miserable “Life” behind bars. We feel that due to the crime and the fact that the original sentence was reduced to Life, Kenneth Cook should be incarcerated for his entire Life sentence without parole!! We also asked them to consider the fact that Kenneth Cook, as with many pre-parole candidates really say and do what they believe the Review Board wants to hear or see, in their efforts to win their freedom. 

Kenneth Cook deserves to spend his entire sentence incarcerated for the Heinous Murder of my brother, Charles Dale Duty. Keep in mind that due to Kenneth Cooks actions he received a prison sentence, my brother, Charles Dale Duty, received a DEATH SENTENCE which cannot be overturned, unlike Kenneth’s original sentence!!

Please visit Justice For Charles Dale Duty on Facebook 
https://www.facebook.com/JusticeForCharlesDaleDuty

Kansas Crime Victims Bill of Rights
(K.S.A. 74-7333)

Victims should be treated with courtesy, compassion and with respect for their dignity and privacy and should suffer the minimum of necessary inconvenience from their involvement with the criminal justice system.

Victims should receive, through formal and informal procedures, prompt and fair redress for the harm which they suffered.

Information should be made available to victims about their participation in criminal proceedings and the scheduling, progress and ultimate disposition of proceedings.

The views and concerns of victims should be ascertained and the appropriate assistance provided throughout the criminal process.

When the personal interests of victims are affected, the views or concerns of the victim should, when appropriate and consistent with criminal law and procedure, be brought to the attention of the court.

Measures may be taken when necessary to provide for the safety of victims and their families and to protect them from intimidation and retaliation.

Enhanced training should be made available to sensitize criminal justice personnel to the needs and concerns of victims and guidelines should be developed for this purpose.

Victims should be informed of the availability of health and social services and other relevant assistance that they might continue to receive the necessary medical, psychological and social assistance through existing programs and services.

Victims should report the crime and cooperate with law enforcement authorities.