THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Thursday, November 17, 1994 TAG: 9411170021
SECTION: DAILY BREAK PAGE: E01 EDITION: FINAL
SOURCE: BY TERESA ANNAS, STAFF WRITER
LENGTH: Long : 141 lines
EIGHT YEARS AGO, Virginia Beach attorney Donald Marcari defended a Marine charged with attempted murder. He was 28, fresh out of law school and terrified.
The trial ended up drawing national attention. Then the story behind the court-martial became the basis for the 1989 Aaron Sorkin play ``A Few Good Men,'' and a 1992 film starring Tom Cruise in the Marcari role.
For Marcari, the tale is hitting home yet again. The first South Hampton Roads production of ``A Few Good Men'' opens Friday at Little Theater of Virginia Beach.
Marcari has been a consultant for the production, and recently sat in on a rehearsal.
He helped out because the trial was such a major life event for him. He continues to hold the story dear.
``It's bad when the first case you've ever tried is the most important case you're probably ever going to try,'' said a jovial Marcari, earlier this week.
``I was scared to death. I worked the hardest I ever worked on a case. And I became close friends with my client.''
He defended Lance Cpl. David Cox, 19, who was among 10 Marines who tied up and gagged a fellow Marine who complained to the Naval Investigative Service of peer harassment. It was a Code Red action - the idea of ``disciplining your own,'' akin to fraternity hazing.
During the incident, which took place on the U.S. naval base at Guantanamo Bay, Cuba, the Marine hemorrhaged as a result of the rag stuffed down his throat. The 10 men were allowed to choose between an other-than-honorable (OTH) discharge or court-martial. Seven took the OTH.
Marcari, then headquartered at Oceana Naval Air Station, was assigned to Cox, the first to face trial.
In the play and film, the base commander confesses on the witness stand to having ordered the Code Red. In real life, base commander Col. Samuel Adams ``never confessed. He said it must have been a mistake. He said he didn't realize Code Reds were still going on,'' Marcari said.
``But they were. They were very prevalent.
``We were trying to show there was an implied order. That Marines are so gung-ho they must follow any order, even if it's an implied order.''
Marcari did well by Cox, who was convicted of ``simple assault'' and sentenced to time already spent in the brig. Cox was allowed to remain in the Marine Corps, Marcari said, and later was given an honorable discharge. Then he studied law, earning a paralegal certificate.
In the play and film, two men engaged in a Code Red, and the gagged Marine died. In real life, the victim regained his health and was given choice duty in Washington, D.C., Marcari said.
Marcari was honorably discharged from the Marines in 1988, settling in Virginia Beach. In August, he joined the Beach law firm Joynes and Bieber.
There's a mournful epilogue, however.
In April, Cox's body was found in Massachusetts, where he had been shot to death. ``I just got off the phone with his brother. They still don't have any solid leads,'' Marcari said.
``I think there's definitely foul play. I just don't know what source it came from. He had a full wallet on him, no signs of struggle. I think it had something to do with his military involvement, but not with the trial.''
In 1992, Marcari and Cox went to see the film together. Marcari plans to attend opening night on Friday.
``Yeah, it's going to bring back some memories. He was a good guy.''
IN EARLY SUMMER, VETERAN AREA thespian Sam Hakim was invited to direct ``A Few Good Men,'' and begged time to decide.
``Give me a week. I want to make some phone calls.''
He was concerned about getting the cooperation of the military. ``I wanted their endorsement,'' so he could get technical assistance and uniforms. And, perhaps, a few good men.
Since the play presents several Marines in a poor light, Hakim was concerned about the reaction of the military. ``But to say that this play defames Marines is to say the O.J. Simpson trial is a knock on professional football players.''
To Hakim, the play has a universal message about personal responsibility. ``The meat of the whole thing is a problem that is not just with the Marine Corps, but with our whole society.
``The question is, in an institution where a high degree of discipline is essential, does a person who receives an order have the moral right - or, a legal right - to reject that order?''
In the play, love of power, and the abuse of it, is the downfall of the megalomaniacal base commander. ``In corporate life, there are lots of executives like him. It's not a problem endemic to the military,'' said Hakim, who has owned his own commodity brokerage firm in Virginia Beach for three decades.
``So, that abuse of power is part of the play's fascination for me.''
The director began by calling a retired Marine officer he knew. The man told him he expected such cooperation would be ``no problem.''
So Hakim took on the project. He met with various Marine officers to nail down details. Then it was announced that Camp Elmore, a Marine base in Norfolk, would soon move most of its men to Camp Lejeune, N.C.
Poof! There went his Marine extras, already costumed and trained in the ways of a Marine.
Eventually, the new command at Camp Elmore told him, ``We can help you unofficially. Just not officially.''
Early September, he obtained a Marine liaison, Major Mike Pierson. ``Any time I have needed him, he's been here. Whatever the Marine policy, I am extremely grateful for the help I received from `Major Mike.' ''
Pierson's contributions were invaluable, Hakim said. Last week, he brought in a base barber to give the men an authentic Marine buzz cut. He researched uniforms for authenticity as to times and locations.
Pierson went with Hakim to Poquoson to borrow costumes from Poquoson Players, a little theater that produced the show last season. The remaining costumes were obtained through Pierson and costumer Karen Buccheim.
As it turned out, no Marines could commit to performing in the show. Several Navy personnel are on stage, however, including Capt. Frank McCaffery, who plays the sinister base commander.
``What Frank does so well is this mood shift. I think Jessep's a little psychotic. He's very controlling, and he's trying to control himself. Until he can't any longer.''
As shows go, ``A Few Good Men'' isn't a piece of cake to handle, either. The play contains numerous locations, a cast of 20 and 42 scenes. To ease transitions, Hakim has actors overlap their dialogue from one scene to the next, a la Robert Altman. He also makes generous use of sound and music cues, utilizing a tape of military music Pierson put together for him. Virginia Beach dermatologist Thomas Krop produced the cues on his home synthesizer.
And every time the two defendants appear, a projection of barbed wire and a Marine watch tower appears on a back wall along with a drum roll sound.
``It's a reminder,'' Hakim said, ``of their plight.'' ILLUSTRATION: Color photo by L. TODD SPENCER
From left, John Anderson, Joe Bromley and Frank McCaffery star in
the Little Theater of Virginia production of ``A Few Good Men.''
\ FILE STAFF PHOTO
Donald Marcari consulted on ``A Few Good Men.''
THEATER FACTS
What: ``A Few Good Men,'' a drama by Aaron Sorkin based on a
real-life court-martial
Where: Little Theater of Virginia Beach, 24th Street and
Barberton Drive
When: Opens Friday at 8 p.m. Continues weekends through Dec. 10.
How much: $6 to $8
Call: 428-9233 for reservations
by CNB