News Photo by Reagan Voetberg Aaron Pokorzynski pushes in his chair after his hearing on Monday in the 26th Circuit Court in Alpena.

ALPENA — Aaron Pokorzynski, 36, had a hearing in the 26th Circuit Court on Monday where Defense Counsel Matt Wojda and the prosecution discussed pre-trial motions filed.

Pre-trial motions are a formal request filed by the prosecution or defense prior to a trial that are presented to the judge for a ruling on an issue

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.

Pokorzynski is scheduled to appear for a jury trial on Jan. 13 at 8:30 a.m.

Wojda filed a motion to preclude the use of the word “victim” during the trial. He argued that the word assumes that the crime was necessarily committed before the jury can determine that through evidence. Assistant Prosecuting Attorney Alyssa Miller argued that the term does not necessarily mean the crime was committed and it does not interfere with the jury’s responsibility to determine guilt beyond a reasonable doubt.

Judge Ed Black said that he would change the jury instructions to read that the term victim merely means a person who alleged a crime was committed; it is up to the jury to determine whether or not a crime was committed.

Jury instructions are directions from a judge to a jury that explain the applicable law for a specific case and guide the jury on how to apply it to the facts they’ve heard.

Wojda also filed a motion to preclude the use of jury instruction 20.25, which is one of the jury instructions used in criminal sexual conduct cases. The instruction reads:

“To prove this charge, it is not necessary that there be evidence other than the testimony of (the complaining witness), if that testimony proves guilt beyond a reasonable doubt.”

Wojda argued that this rule puts too much weight on the testimony of the complaining witness, or in other words, the alleged victim.

Alcona Prosecuting Attorney Elizabeth Reed, who is assisting Miller in the case, argued that weight is put on the complaining witness’s testimony since there is often no other physical evidence or observers in criminal sexual conduct cases.

Judge Black ultimately denied Wojda’s motion to preclude the use of that jury instruction.

The prosecution filed a notice of intent to introduce prior acts of defendant’s conduct which will be discussed at Pokorzynski’s next hearing on Dec. 15 at 2:30 p.m.

The notice of intent is a formal legal document where the prosecution informs the defense that it plans to use the defendant’s past actions (crimes, wrongs, or acts) as evidence in a criminal trial.

Reagan Voetberg can be reached at 989-358-5683 or rvoetberg@TheAlpenaNews.com.