Mike Berens has prosecuted, defended, and supervised the prosecution of many general and special courts-martial during his career. He has represented and vigorously defended Air Force, Army, Coast Guard, and Navy members facing trial by court-martial and administrative separation. Some of following cases represent a few of the many cases Berens has defended under the Uniform Code of Military Justice (UCMJ) over the course of nearly two decades. The cases identified below are only a few of the many cases where Berens represented an accused servicemember, a defendant, or a plaintiff in a Federal Military Court-Martial, Washington State Courts, or Federal Court. The names of the accused service members, defendants, and plaintiffs have been omitted in the interest of privacy. Many of the service members involved in the court-martial cases listed below were exonerated during the court-martial process.
United States v. E-5 (General Court-Martial) USCG
Article 120, UCMJ, Abusive sexual contact
Article 120, UCMJ, Sexual assault
Article 120, UCMJ, Indecent Viewing
Article 128, UCMJ, Assault
Article 134, UCMJ, Indecent Conduct
United States v. E-4 (General Court-Martial) Army
Article 120, UCMJ, Sexual assault
Article 134, UCMJ, Furnishing Liquor to minor in violation of RCW 66.44.270 (18 U.S.C. 13)
United States v. O-3 (General Court-Martial) USAF
Article 86, UCMJ, Absence without leave
Article 89, UCMJ, Disrespect toward a superior commissioned officer
Article 90, UCMJ, Willfully disobeying superior commissioned officer
Article 112a, UCMJ, Wrongful use of controlled substances
United States v. E-1 (General Court-Martial) Army
Article 80, UCMJ, Attempted Murder
Article 124, UCMJ, Maiming
Article 128, UCMJ, Aggravated Assault with a dangerous weapon
Article 112a, UCMJ, Wrongful Possession of Marijuana
Article 112a, UCMJ, Wrongful Use of Marijuana
Article 134, UCMJ, Underage Drinking
United States v. E-5 (Special Court-Martial) Army
Article 128, UCMJ, Assault on a Child under the age of 16 (2 specifications)
Article 107, UCMJ, False Official Statement
United States v. O-6 (Federal District Court)
Reckless Driving
United States v. E-3 (General Court-Martial) Army
Article 128, UCMJ, Aggravated Assault with a dangerous weapon (4 specifications)
United States v. O-3 (General Court-Martial) USAF
Article 120, UCMJ, Sexual Assault
Article 128, UCMJ, Assault
United States v. E-6 (General Court-Martial)
Article 120, UCMJ, Sexual Assault
Article 128, UCMJ, Assault
United States v. E-5 (General Court-Martial)
Article 120, UCMJ, Sexual Assault
Article 134, UCMJ, Communicating a Threat
Article 128, UCMJ, Assault
Article 80, UCMJ, Attempted Sexual Assault
Plaintiff v. Snohomish County (King County Superior Court)
Wrongful Death
United States v. E-3 (General Court-Martial) Army
Article 78, UCMJ, Accessory after the fact – premeditated murder
Article 107, UCMJ, False Official Statement
Article 134, UCMJ Obstructing Justice
Article 134, UCMJ, Misprison of a serious offense
United States v. E-4 (Special Court-Martial)
Article 112a, UCMJ, Wrongful use of a controlled substance
United States v. E-4 (General Court-Martial)
Article 120, UCMJ, Rape
Plaintiff v. City of Seattle (King County Superior Court)
Negligence
United States v. E-5 (General Court-Martial)
Article 121, UCMJ, Larceny of military property of a value more than $500
Article 92, UCMJ, Violation of General Order 1A
Article 92, UCMJ, Willful Dereliction of Duty (3 specifications)
Article 134, UCMJ, Indecent Acts (9 specifications)
State of Washington v. E-6 (Pierce County Superior Court)
Assault Second Degree
Interfering with the Reporting of Domestic Violence
United States v. O-3 (General Court-Martial)
Article 92, UCMJ, Willful Dereliction of Duty
Article 107, UCMJ, False Official Statement
United States v. E-6 (General Court-Martial)
Article 120, UCMJ, Wrongful Sexual Contact with a child (2 specifications)
Article 120, UCMJ, Indecent liberties with a child
United States v. E-3 (General Court-Martial)
Article 120, UCMJ, Indecent Conduct
Article 134, UCMJ, Voyeurism
Article 134, UCMJ, Possession of Child Pornography
Article 134, UCMJ, Obstruction of Justice
United States v. E-4 (General Court-Martial)
Article 134, UCMJ, Possession of Child Pornography
United States v. E-3 (General Court-Martial)
Article 120, UCMJ, Aggravated Sexual Assault of a child
Article 134, UCMJ, Possession of Child Pornography
United States v. E-6 (Special Court-Martial)
Alleged violation of Article 111, UCMJ, Driving under the Influence
United States v. E-3 (Special Court-Martial)
Article 112a, UCMJ, Wrongful Use of a Controlled Substance
United States v. E-1 (General Court-Martial)
Article 81, UCMJ, Conspiracy to commit larceny of military property
Article 86, UCMJ, Absent without Leave (2 specifications)
Article 121, UCMJ, Larceny of military property of a value less than $500
Article 134, UCMJ, Breaking Restriction
United States v. E-1 (General Court-Martial)
Article 81, UCMJ, Conspiracy to Deliver a Controlled Substance
Article 112a, UCMJ, Wrongful Possession of a Controlled Substance
Article 112a, UCMJ, Wrongful Use of a Controlled Substance
United States v. E-4 (General Court-Martial)
Article 92, UCMJ, Violation of a Lawful Order (2 specifications)
Article 120, UCMJ, Indecent Act (with a child)
Article 134, UCMJ, Indecent communication with a child
United States v. E-1 (Special Court-Martial)
Article 92, UCMJ, Violation of a Lawful Order (2 specifications)
United States v. E-5 (General Court-Martial)
Article 120, UCMJ, Aggravated Sexual Assault
Mr. Berens does not guarantee results in any case. Trial outcomes are inherently unpredictable. Mr. Berens does guarantee that he will do his very best to achieve the best outcome possible in every case he accepts.
