Courtesy photo Aaron Pokorzynski

ALPENA — Aaron Pokorzynski, 37, had a hearing in the 26th District Court on Monday where attorneys debated the admissibility of certain pieces of evidence in preparation for jury trial scheduled at 8:30 a.m. on Jan. 13.

Pokorzynski is charged with second-degree criminal sexual conduct and three counts of first- degree criminal sexual conduct.

The first-degree charges refer to a case where Pokorzynski allegedly had sexual intercourse with a 15-year-old child while serving as their tennis instructor at the APlex in 2012.

The second-degree charge involves an incident in 2021 with a separate individual who he was also an instructor for.

One piece of evidence debated was the admissibility of the testimony of a witness that was coached by Pokorzynski and allegedly experienced inappropriate comments made by him but was never touched inappropriately.

The other piece of evidence concerned whether gifts given by Pokorzynski, including food, clothing, and alcohol, should be admissible as evidence of alleged grooming.

Judge Ed Black ultimately decided that both pieces of evidence are admissible.

In the case of the witness, defense attorney Matt Wojda argued that the witness’s claims are not similar enough to the allegations of the complaining witnesses to be admissible, and including that testimony would be unfairly prejudicial.

Unfairly prejudicial means a tendency to suggest decision on an improper basis or to divert the jury’s attention away from its duty of weighing the evidence impartially.

Alpena Assistant Prosecuting Attorney Alyssa Miller argued that the witness’s claims are not unfairly prejudicial since the witness’s claims are sexual in nature.

Judge Black decided that due to the type of conduct, the age of the individual (the individual was a minor at the time), and the proximity in time of the claims to the charged acts, the evidence is admissible.

In the case of gifts given by Pokorzynski, Wojda argued that there is a thin line between a person giving gifts due to generosity versus grooming. Gifts like tennis clothing or food, which Pokorzynski reportedly gave to his students, could be given to build cohesiveness as a tennis team and do not necessarily suggest grooming.

Miller argued that other gifts like alcohol and underwear which Pokorzynski reportedly gave to students should be admissible as evidence.

That led to a discussion about a prior misdemeanor in which Pokorzynski was accused of furnishing alcohol to minors.

Judge Black decided that evidence related to gifts as evidence for grooming is admissible, but specific mentions of the prior conviction are not. He noted that there is a point at which focusing for too long on any gifts from Pokorzynski while questioning witnesses would be a problem, but where to draw the line will not be clear until the jury trial.

Wojda said he planned to file a leave to appeal on that decision. A leave to appeal means getting permission from a higher court to challenge a lower court’s decision, rather than having an automatic right to appeal.

SENTENCINGS

*Shane Garant, 51, was sentenced to one year in jail with credit for one day served for counts of possession of methamphetamine/ecstasy and operating while intoxicated. He will be released in six months from jail to undergo residential treatment.

*Jeremy Cade, 50, was sentenced to six months in jail with credit for four days served for one count of possession of methamphetamine/ecstasy. He will be released in three months from jail to undergo residential treatment. A sentence of 18 months probation will follow.

*Brian Fortner, 46, was sentenced to one year probation for one count of possession of methamphetamine/ecstasy. He was also sentenced to five months in jail with two days credit but will not have to serve that time if he enrolls and completes a residential treatment program in 60 days.