Learn Your Lawyer · Army · Trial Counsel
Erik Birnel
Counsel of record in 15 courts-martial in the Military Trial Results data
(0 as defense counsel, 15 as trial counsel)
Jul 2022 to Dec 2023
As Trial Counsel (Prosecuting)
Average Contests Per Year: 2.9
Pleas When Prosecuting
Plea Agreements
Who Decided the Case
Contested Panel Cases: 3 of 4
Findings When Prosecuting, All Cases
Contested Findings (Prosecuting)
| Decided By | Cases | Convicted | Partial | Acquitted |
|---|---|---|---|---|
| Judge Alone | 1 | 0 | 1 | 0 |
| Enlisted Panel | 3 | 0 | 0 | 3 |
Sentences When Prosecuting
Enlisted (12 Convictions)
No Punitive Discharge
0 of 12 Enlisted Convictions
UCMJ Articles When Prosecuting
| Article | Cases | Contested | Convicted | Acquitted |
|---|---|---|---|---|
| Art. 128b Domestic violence | 6 | 0 | 6 | 0 |
| Art. 134 General article | 4 | 0 | 4 | 0 |
| Art. 128 Assault | 3 | 1 | 2 | 1 |
| Art. 81 Conspiracy | 3 | 2 | 2 | 2 |
| Art. 112a Wrongful use, possession of controlled substances | 2 | 1 | 2 | 1 |
| Art. 119b Child endangerment | 2 | 1 | 1 | 1 |
| Art. 120 Rape and sexual assault | 2 | 2 | 0 | 2 |
| Art. 92 Failure to obey order or regulation | 2 | 1 | 1 | 1 |
| Art. 107 False official statements | 1 | 0 | 1 | 0 |
| Art. 120b Rape and sexual assault of a child | 1 | 0 | 1 | 0 |
Judges, Most Cases Together
Opposing Counsel, Most Cases
- Patrick McCormick 11
- John Overocker 10
- James J. Berreth 1
- Joseph Jordan 1
- Matthew T. Bishop 1
- Samuel J. Girwarnauth 1
- Stacey N. Jacovetti 1
- Timothy Cdc Bilecki 1
Where
- Fort Polk 15
Court-Martial Data and Trends
Data from public court-martial records on the installations and UCMJ articles in these cases.
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Counsel of record means this lawyer is listed as defense counsel or trial counsel in the public record of the case. Most cases list more than one lawyer on each side, and the records do not say who led or who argued, so the numbers describe cases this lawyer was counsel on, not individual wins or losses. Pages cover military counsel only; civilian counsel appear in lists by name. Percentages are shown for every count, however small, so check the number of cases behind each one. The Army records say whether there was a plea agreement, not what it said; Air Force records do not report plea agreements, and many Air Force records from 2016 to 2020 do not list the plea. In the article tables one case counts under each article charged, and Air Force records rarely list the charges in cases that ended in acquittal (those show as Charges not listed in the record). Member Retained means the sentence did not include a punitive discharge; it does not rule out a later administrative separation. Mixed Plea* means the record lists a guilty plea but the case ended in a partial acquittal, so at least one charge was contested (a mixed plea, or a guilty plea to a lesser offense). Contested cases are those with a not guilty or mixed plea, plus any case that ended in an acquittal or partial acquittal even when the record does not list the plea.
Source: public records of trial published by each service under Article 140a, UCMJ, as collected for the Military Trial Results page (data updated October 29, 2026). Counts reflect only the cases in this data and may be incomplete. Names are shown as published in the source records.
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