On July 9, 1995, the world lost a beautiful soul and vibrant 25-year-old mother. Mary K Ross was a paralegal student at National College in Sioux Falls, today known as National American University (online). She was also a graduate of La Junta High School, Colorado, Class of 1988. Her greatest joy in the world was her baby girl, 14-moth-old, Kristian K, who was sadly present during her mother's gruesome murder that night in their apartment in Sioux Falls, South Dakota. 

This petition is for those who wish to make certain the South Dakota Board of Pardons & Paroles, as well as the Governor, do everything in their power to enforce the original LIFE SENTENCES without parole for the inmates who admitted to plotting and completing the violent murder of Mary K Ross on July 9, 1995. Please read further for more details…

     

Mary K was loved by her only daughter, her huge family and her many friends. She was a kind-hearted woman who had been helping a friend who had recently left an abusive marriage. The friend had been staying with Mary K and her daughter, and had recently lost her apartment key. Either the missing key or a copy of it ended up in the possession of the friend's estranged husband, Robert Power, Jr., who just days before her murder Mary K told her mother was, "psycho." Power later confessed to conspiring with four other men to murder Mary K in her apartment on a weekend while her friend was out of town.

Power contracted to have Mary K murdered. Michael Lee Smith, among several in the group who were already habitual offenders, introduced Power to Eric Coon and Robert Poppen, who agreed to kill Mary K for $10,000 each, or two pounds of Methamphetamine. They proceeded to use other funds provided them to enter a Hy-Vee grocery store and purchase two knives, two pairs of gloves, cigarettes, soda, and a frying pan to give to Poppen’s girlfriend as, Poppen reasoned, “It would look kind of fishy if we just went in and bought knives and gloves.” On the night of the murder, Coon and Poppen stabbed, slashed and cut Mary K's body in the head, neck, cheek, voice box and upper torso sixteen times with enough force to break their knives and continue their heinous attack with knives they took from Mary K's own kitchen. Although the killers thought she was dead, in fact Mary K lived long enough to call 911 and made sure someone knew her baby was alive in the apartment where she was dying.

The murderers never showed any remorse. One bragged if it weren't for him she wouldn't be dead. Another stated he had just what he wanted - all the power and control. These men deliberately set out to kill a young innocent mother and intentionally sought to orphan her infant daughter who was present the entire time Mary K fought for her life. 

The Court decided in 1995 the length of sentences for Eric Coon, Robert Power, Michael Lee Smith AND Robert Poppen would be LIFE WITHOUT PAROLE. This was in exchange for the DEATH PENALTY being taken off the table. We are asking the State of South Dakota Board of Pardons and Paroles to responsibly reject ANY requests for commutation and/or clemency from these four inmates who do not deserve it and who present too great a safety risk to the public. These inmates showed complete disregard for human life and remain a threat to all of society. Eric Coon, Robert Power, Michael Lee Smith and Robert Poppen must accept the consequences of their admitted, calculated and unconscionable actions. These men are among the most dangerous inmates State's Attorney Dave Nelson ever prosecuted. Mary K Ross was brutally killed and her baby was forever traumatized by having been present the entire time. Her murder was premeditated and Judge Kean described Mary K’s murder as, “diabolical, devilish, inhumane, ruthless, premeditated and merciless, with NO pity for the victim.” 

These inmates have spent years in prison filing appeals and making other attempts to renounce their confessions and have their admissions of guilt removed from Court records - ALL to no avail. They have lost every attempt to seek ways out of their life sentences, each time with attorneys and judges admonishing them and describing their vicious crimes in terminology reserved for only the most dangerous offenders. These four inmates have never convinced any Judge or jury they deserve any reduction in their sentences or that their pleas should be removed from the Court records for any reason whatsoever. They are now clinging to annual requests for commutation of their life sentences out of desperation, but nothing has changed their crimes or their character.

As is indicated in a letter that was an exhibit at a subsequent habeas hearing, the death penalty was a very real punishment facing these vicious killers. Poppen’s attorney testified at a habeas hearing, “This was a case in my mind that had the death penalty written all over it.” The record reveals counsel tried to arrange a plea bargain with the State’s Attorney that would allow for a term of years. The State’s Attorney showed no interest and counsel was informed this was going to be a case for life or the death penalty and that would be the State’s offer. Ultimately, all four of these men, in an effort to avoid the death penalty for crimes which they fully admitted to committing, plead guilty to first degree murder. A fifth man, Walter Craft, was sentenced for his accessory role in the murder, served his term in prison, and is now free.

To ensure Justice for Mary K Ross; safety for the witness, Kristian K Ross;  peace for the victims' families, neighbors and communities; safe havens and help for other victims of domestic violence and abuse; as well as law and order for the Great State of South Dakota, we are submitting this petition to the South Dakota Board of Pardons & Paroles. Our request is as follows:

• DENY any and all requests from these inmates for commutation of their LIFE sentences and/or clemency:

Offender: COON, ERIC
DOC Number: 25665
Crime: Murder 1st
Sentence: Life

Offender: POWER, ROBERT - next hearing December 29, 2022
DOC Number: 2148
Crime: Murder 1st
Sentence: Life

Offender: POPPEN, ROBERT aka Gremlin, Shorty, Poppen - next hearing likely January 2023
DOC Number: 19767
Crime: Murder 1st
Sentence: Life

Offender: SMITH, MICHAEL LEE aka Stoney
DOC Number: 6901
Crime: Murder 1st (Habitual), Sentence: Life
Crime: Murder 1st (Habitual), Sentence: 10y, 0m, 0d

•  To the maximum extent allowed by the law, permanently cease any opportunities these offenders have for requesting commutation or clemency hearings again so the victims, their families, and the people of South Dakota, can stop being further traumatized when forced to relive the details of the horrific murder of Mary K Ross multiple times a year.  At the very least, allow for these hearings to be held on the same dates to minimize the impact on the victim's family and friends and reduce the financial burden, emotional trauma and physical stress these hearing have on the family, friends and community of Mary K Ross.

Without approval of our request, Robert Power, Robert Poppen, Michael Lee Smith, and Eric Coon, will be eligible for commutation and possible clemency consideration every year for the duration of their Life Sentences. We, the undersigned, respectfully call upon the South Dakota Board of Pardons and Paroles, to review this request and deny any commutation and/or clemency, now and in the future, for Robert Power (DOC #2148), Robert Poppen (DOC #19767) and Michael Lee Smith (DOC #6901) and Eric Coon (DOC #25665). These offenders do not deserve to enjoy the freedom for a lifetime they so calculatedly and violently took away from their victims.

Thank you for your consideration of this matter,

The family and friends of Mary K Ross, Kristian K Ross, and the community who believe these inmates should remain behind bars where they cannot harm another innocent human being.  

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UPDATE (12/14/2022):  Robert Power, Jr. (DOC 2148) has been granted a paper review hearing by 2 members of the Board of Pardons & Paroles on December 29, 2022.  This hearing is not open to the public, but letters, phone messages and the signatures obtained on this Change.org petition will be included in the files reviewed by the members of the Board at this hearing to decide if Power will be granted a public hearing in front of the 5 member Board. 

Those wishing to make a greater impact may address written letters requesting DENIAL of all requests for commutation or clemency to:

South Dakota Board of Pardons & Paroles

ATTN: Director Brad Lewandowski or Members of the Board

1600 North Drive

P. O. Box 5911

Sioux Falls, SD 57117-5911

 

Should a public hearing be granted again, it will most likely take place at the Jameson Annex at the South Dakota State Penitentiary, 1600 North Drive, Sioux Falls, SD 57104.  Persons wishing to attend this hearing or have their letters included in the hearing for the inmate, should notify their intent to do so by emailing:  Stacy.Cole@state.sd.us 

Those who are unable to attend the public hearing in person may obtain an invite to the hearing via MS Teams by calling 605-367-5040 the day before the hearing.

Messages may also be directed to Governor Kristi Noem at 605-773-3212.

You can also email Brad Lewandowski, Director of Paroles at: Bradley.Lewandowski@state.sd.us

You can email the family of Mary K Ross at:  JusticeForMaryKRoss@gmail.com