Fogleman: Would you state your name and occupation for the jury?
Pokorski: Um - yes sir, my name's George Pokorski. I'm currently the assistant band director - in junior high band director in Marion.
Fogleman: Ok. And uh - last year, um - were you uh - or what was your position last year?
Pokorski: I was the head band director of the - through Marion school district.
Fogleman: Alright. And last year did you have a person by the name of Nick Garza in your band?
Pokorski: Yes sir, I did.
Fogleman: Ok. And did you have a school spring concert?
Pokorski: Yes sir, we did.
Fogleman: Alright. When was the spring concert?
Pokorski: Uh - the spring concert was Monday night, May 17th in the West Memphis civic auditorium.
Fogleman: Alright. Now, did you have any other practices or concerts or anything of that nature in May of last year in West Memphis?
Pokorski: No sir.
Fogleman: I don't have any further questions.
The Court: Any questions?
Price: Just a moment, Judge.
(pause)
(whispering)
The Court: You want the same admonition?
Ford: Yes sir.
The Court: Do you have any objection to it?
Fogleman: No.
The Court: Again ladies and gentlemen, you are reminded that this testimony relates to the defendant, Damien Echols.
Price: Was it - if you could pronounce your last name slowly?
Pokorski: Pokorski.
Price: Pokorski, ok. Sir, did ya'll have some other concerts in May of last year?
Pokorski: No sir.
Price: Alright. Was there any other practices that ya'll had besides uh - anything at the civic auditoruium in May?
Pokorski: We had um - a rehearsal or two prior to the uh - concerts, where we got the beginning band together - that Nick was in. But this was not in West Memphis, this was um - in the band room there in Marion. This was not one of these things that was open to the public or anything, just a rehearsal.
Price: Alright. And what um - what grade was Nick in last year?
Pokorski: Nick was in the 7th grade last year.
Price: Alright. So that is the beginning band?
Pokorski: Uh - yes sir.
Price: Ok. Did ya'll have any concerts - and I need to ask you a couple of other dates, did you have any concerts on April 29th, 1993?
Pokorski: Can I have just a second?
Price: Sure, go ahead. I've got three other dates to ask you about so go ahead - take - uh -
Pokorski: There was a um - there was a contest in April, but that was in Forrest City - I believe - yeah, that's right, that was in Forrest City, that was around like April 23rd - possibly April 29th, but I don't uh - but that was in Forrest City. That also was not a concert, that was a solo ensemble competition where students went and played on individual basis - it wasn't a group performance.
Price: Ok. Would beginning band students have played in that?
Pokorski: Uh - yes, they would have.
Price: They would have, ok. Alright. Another date, do you recall if ya'll had any performances any time on May the 9th, 1993?
Pokorski: May the 9th uh - no, I was getting ready to say uh - that was possibly graduation, but graduation came after our spring concert. The graduation was uh - 5 days after the spring concert, which was on May 17th.
Price: Alright. And one other date, on May the 14th, did ya'll have a concert, where any other -
Pokorski: - That was on a Friday uh - most likely, we probably - looking back, we probably - we had a rehearsal on that day in the Marion band room, but I don't think we had a - excuse me, uh - no, there was no concert on that date.
Price: Alright.
Pokorski: But the rehearsal would probably involve Nick.
Price: Alright. Would that have been a - on that Friday, the 14th, would that have been a rehearsal at the regular band room or at the auditorium?
Pokorski: That was a rehearsal at the regular band room, in Marion.
Price: Alright. Um - one moment.
(pause)
Price: No other question, Judge.
Fogleman: No questions.
Ford: Did you ever have Jason Baldwin in your band?
Pokorski: Uh - yes sir.
Ford: And uh - what kind of student was he?
Pokorski: As far as I can remember, uh - Jason was in the 7th grade uh - beginning band uh - started to play trumpet and uh - never acquired a trumpet. Um - I think he went something like 9 weeks without the horn and uh - I believe I called him to my office and stuck a pair of drumsticks in his hand and said uh - and asked him to play a couple of things. He did a pretty good job at it and uh - you know, I remember it correctly and I said "Maybe one of these days you might want to reconsider joining the band on drums." Um - he was ok in my - in my class. This was years ago, but he was alright in my class.
Ford: Not a trouble maker, was he?
Pokorski: No sir.
Ford: You remember talking - my name is Paul Ford -
Pokorski: Yes sir, I remember talking to you.
Ford: You remember telling me that you was shocked that he was charged because of his demeanor at school? Remember telling me that?
Pokorski: I don't believe I said shocked, I think I might have said I'm a little surprised that Jason was involved in this. I don't - if I used the word shocked - you might remember better than I did, but um - I think I used the word shocked, but when I found out I was called as a witness, I didn't know what in the world it was for. I think that's what the word shocked - yes sir, I remember using that word shocked.
Ford: It just didn't fit his demeanor though, did it?
Pokorski: Now Jason was an alright kid in my band, yeah.
Ford: That's all, thank you.
Fogleman: And that was when that you had him -
Pokorski: - Oh, either 1988, uh - I think it was like - don't hold me to this, but I think it was like the fall of 1988, only had him for 9 weeks. And uh - he couldn't get the horn and I said 'Maybe you might come back next year and try drums." But the next time I saw Jason, he was like walking around the campus.
Fogleman: In 1988, did he wear all black?
Pokorski: No sir. Well, I say he didn't wear all black - I mean he didn't have any sort of outstanding characteristics that I remember. You know, I think I would probably remember something like that if he had walked in the bandroom and wore all black all the time.
Fogleman: I don't have any further questions.
The Court: Anything else?
Ford: Nothing further.
The Court: Alright, you may stand down, you're free to go. Approach the bench gentlemen.
(Bench Conference)
Fogleman: Your Honor, as a result of Mr. Ford's questions--
The Court: Again, the same problem arises again on this witness when you want that instruction that it only applies to Echols and then you ask a question that directly relates to your client, I think the instruction is inappropriate.
Ford: His rebuttal testimony is only as to Damien's rebuttal, but if I want to ask him a question and go beyond that, what's improper about that?
The Court: I don't have any problem with you doing it. But I just don't like to instruct the jury everytime a witness takes the stand that it doesn't apply to your client, because on two or three different occasions there has been information that could very well apply to him, just like your objection previously.
Fogleman: Your Honor, I would also like to point out that through Mr. Ford's improper question related to whether the official was shocked or not, he has introduced the defendant's character into this matter and I think that we can now go outside the record and put on proof as to specific instances of his character.
The Court: Well I think that certainly does interject character of at least raises the issue of character by getting a witness to attest to their good conduct or good character. So I don't know where the stand at that. As far as I'm concerned we need to move on.
Fogleman: Your Honor, that's all we got for today.
The Court: Alright.
(Return to open court)
The Court: Alright ladies and gentlemen, we're gonna have a short day again today. With the usual admonition not to discuss the case you may stand in recess until in the morning at 9:30. And you're free to go.
