United States v. Captain ALEX H. BEAN

U NITED STATES ARMY COURT OF CRIMINAL APPEALS Before MORRIS, JUETTEN, and MURDOUGH Appellate Military Judges UNITED STATES, Appellee v. Captain ALEX H. BEAN United States Army, Appellant ARMY 20240529 Headquarters, U.S. Army Center for Initial Military Training and Fort Eustis Adam S. Kazin and Pamela L. Jones, Military Judges Colonel Catherine L. Brantley, Special Trial Counsel

For Appellant: Captain Emily R. Ittner, JA; Scott R. Hockenberry, Esquire (on brief); Captain Emily R. Ittner, JA; Scott R Hockenberry, Esquire; Brian A. Pristera, Esquire (on reply brief).

For Appellee: Colonel Richard E. Gorini, JA; Major Stephen L. Harmel, JA; Captain Andrew T. Bobowski, JA (on brief).

19 March 2026

MEMORANDUM OPINION

This opinion is issued as an unpublished opinion and, as such, does not serve as precedent.

MURDOUGH, Judge: When the government charges an accused with a litany of crimes, it must prove every element of every offense. This includes the requisite mens rea, the "terminal element" of an Article 134 offense, and any facts that are necessary to render an otherwise permissible act criminal. Each offense must stand on its own, and proof of guilt for one offense carries no inference of guilt for any other offense.

In this case, the government failed to meet this standard, and we set aside the majority of the appellant's convictions.

A general court-martial consisting of an officer panel convicted appellant, contrary to his pleas, of six specifications of attempted patronizing of prostitution, four specifications of soliciting another to commit prostitution, one specification of