Who is the real Lt. Daniel Kaffee? A debate still rages

June 09--As a group, they were young and had little trial experience to handle the charges.

They came from offices in Norfolk and Washington, D.C., to the barren outpost of Guantanamo Bay Naval Base in Cuba.

Thrown together to represent 10 Marines accused of attempted murder, the attorneys found themselves dealing with a hazing gone wrong that could land their clients in federal prison for decades.

It was an exciting challenge, but the three lawyers who took clients to trial had no way of knowing the case would become famous and be adapted to Broadway and film.

"A Few Good Men" dramatically changed the professional lives of the three young lawyers.

Don Marcari built a private practice and reputation in Virginia and North Carolina on his role in the case.

David Iglesias called it the turning point in a career that took him to the White House and an appointed federal post.

Christopher Johnson continued to fight tough courtroom battles, carving out a niche as a federal prosecutor and private litigator.

To find the true sources of Tom Cruise's character, JAG officer Lt. Daniel Kaffee, it helps to start at the beginning.

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The real case began in July 1986, according to court records and written accounts:

Marine Pvt. Willie Alvarado was unhappy with his assignment to Guantanamo Bay. He wrote his congressman and told naval investigators he had information about an illegal shooting by Marines along the border fence.

The unsubstantiated complaint filtered down to the commanding officer of the barracks, a Marine colonel.

Alvarado already was unpopular with his company, records show, challenging superiors and struggling through physical training. An officer told the colonel that he was concerned for Alvarado's safety and suggested a transfer.

The colonel denied an immediate transfer.

"Let him sweat," he told the captain, according to court accounts.

Another junior officer suggested to a few Marines that they take discipline into their own hands. The hazing was known as a "Code Red."

Early one morning, 10 Marines armed with a roll of duct tape, a can of shaving cream and a razor entered Alvarado's barracks to give him a mohawk haircut. A few Marines bound and gagged him.

Before they could shave his head completely, Alvarado began to convulse and go into shock. The Marines removed the bindings and got a medic.

Alvarado was taken to the hospital in critical condition. He had swallowed part of the gag and suffered lung damage. Within a few days, his condition improved, and he was transferred to a stateside hospital and returned to duty.

Ten lawyers gathered at Guantanamo Bay to meet their clients, all charged in connection with the case. Johnson and Marcari worked together in Norfolk. Iglesias, who was trying his first serious case, came from Washington."We were all pretty much rookies," Marcari said.

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Marcari and Johnson were the sons of World War II veteran Marines.

Johnson's father, Thirl D. Johnson, stayed in the service for 32 years and retired as a colonel. Iglesias, a New Mexico native, was the son of a Baptist minister.

The JAG officers reached Cuba, met their clients and studied the case. Soon, plea deals were offered. Seven of the 10 Marines took other than honorable discharges and left the service. Johnson, Marcari and Iglesias represented the three men fighting the charges. The Marines insisted they were following orders, court records show.

Marcari initially thought the plea deal for his client was good, considering the risk of a long prison term for a conviction. But the young Marine wasn't buying it. He wanted a military career.

Johnson argued that the accused Marines believed they were following an implicit order to discipline Alvarado.

Johnson said he suggested to the other defense lawyers that they interview the colonel to see whether they could learn more about the "Code Red" hazing. The other lawyers declined to go, he said.

The commanding officer was intimidating. The three lawyers agree that the Marine officer was a lot like actor Jack Nicholson's Col. Nathan Jessup character in the movie.

Johnson met with the colonel anyway. They chatted casually, even talking about Johnson's father.

Johnson said the commanding officer acknowledged that he knew about the practice of Code Reds and hazing.

The next day, Johnson said, he and a few other lawyers returned for a follow-up visit. At the second meeting, the colonel denied statements he made at the first meeting, according to records.

Johnson called his father, retired and living in Virginia Beach, for advice. The young attorney knew that to continue his legal efforts could be risky to his Navy career. His father helped him reach a decision.

"If you can't do what's right, then the hell with it," Johnson said recently. "This isn't how it's supposed to work."

Johnson drafted charges against the colonel for failing to protect the victim. A subsequent investigation led to the colonel being transferred from his command.

In the following months, Marcari, Iglesias and Johnson took their turns at trials in military court. Marcari put the colonel on the stand. They battled through several questions, Marcari said, arguing over the colonel's use of a diary to recall details.

The three Marines ended up with simple-assault convictions, misdemeanors that were dismissed after review by the Marine command, Johnson said.

The case affected the lawyers in different ways. Iglesias wrote about it. Johnson was briefly reassigned to handling Navy insurance claims. The two left active duty and worked as government attorneys.

Marcari also left active duty and went into private practice.

One of their fellow JAGs, Deborah Sorkin, shared the details of the case with her brother, the young playwright Aaron Sorkin.

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"A Few Good Men" debuted on stage in 1989. In 1992, it jumped to the movie screen. One line shouted by Jessup -- "You can't handle the truth!" -- became part of the American film lexicon.

Johnson figures about half the film closely follows the case and its characters.

"Movies are made to be watched," he said. "That's why they have artistic license."

And what about Cruise's character, Kaffee, who grows from a callow and privileged lawyer into a principled, courageous and daring advocate?

At least four lawyers -- the three Guantanamo Bay defense attorneys and a Connecticut attorney -- suggest they inspired the character.

Marcari, based in Chesapeake, advertises on television and his website that he is "perhaps best known as the true-life inspiration for the film."

The Connecticut attorney, Walter Bansley III, advertised on his website that he "is reported to be the actual military lawyer portrayed by actor Tom Cruise in the popular movie, A Few Good Men." Bansley, a former Marine lawyer who was involved in the case, did not return a phone call seeking comment.

Iglesias said the character deviated from the professional spirit of the JAGs. The real-life lawyers were inexperienced but took their professional responsibilities and their clients' interests seriously, he said.

Johnson said several of Kaffee's traits came from him: He challenged and drafted charges against the commanding officer. Johnson also had a habit of intentionally wearing different-colored socks -- like Cruise's character in the movie -- just to draw attention, he said.

Marcari points out that he was the one who played softball (just like Cruise's character) and had his own confrontation with the colonel in court.

"I think we could all claim credit," Marcari said.

A spokeswoman for the screenwriter recently gave the same explanation to The Pilot that she offered The New York Times in 2011: "The character of Dan Kaffee in 'A Few Good Men' is entirely fictional and was not inspired by any particular individual."

Marcari, now 56, specializes in personal injury cases. He still handles military courts martial in the same courtrooms where he once practiced as a JAG.

Johnson practices law in Southern California, near Hollywood, where he's a founding partner in a firm that specializes in bringing civil actions against trademark and copyright violators. Johnson, who graduated from Norfolk'sOld Dominion University in 1979, still visits his parents in Virginia Beach.

"I always see Don's ads," Johnson said and laughed. "I don't care. He's not picking clients away from me."

After the movie, Iglesias became a White House fellow. He referenced the film during an unsuccessful campaign for attorney general of New Mexico. Later, he was appointed U.S. attorney for the state.

A few years ago, he volunteered to return to active duty in the JAG Corps. His Navy experience gave him faith in the military justice system.

His new assignment returned him to Guantanamo Bay. He prosecuted foreign fighters accused of terrorism.

On his first trip back, he noticed few changes, he said.

"It was like it was preserved in amber."

Louis Hansen, 757-446-2341, [email protected]

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