Criminal Adaptations

A Few Good Men

• Criminal Adaptations • Season 5 • Episode 9

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“You can’t handle the truth!” – the line that echoed through theaters and cemented A Few Good Men (1992) as a Hollywood classic. But behind the sharp uniforms and courtroom tension lies a real story far darker than what is portrayed on screen. In 1986, a Marine was brutally hazed by his unit at Guantanamo Bay – an act that sparked a court-martial and inspired Aaron Sorkin’s legendary script. The film captivated audiences with its star-studded cast – Tom Cruise, Jack Nicholson, Demi Moore, Kevin Bacon – but for one of the real Marines involved, the story didn’t end with the credits. Years later, David Cox – a decorated Marine and the man whose experience helped shape the movie – was found murdered in a remote area outside Boston. This episode explores the origin of A Few Good Men (1992), the aftermath, and the unsolved murder of a man beloved by so many.

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Theme: DARKNESS (feat. EdKara) by Ghost148


Ashley:

Welcome to Criminal Adaptations, the show where we take a look at some of your favorite movies and the true crime stories that inspired them. I'm Ashley. I'm a clinical psychologist and forensic evaluator in the state of Oregon.

Remi:

And I'm Remy. I spent over a decade working in the film and television industry in Los Angeles, California.

Ashley:

And welcome back, everyone. Remy and I are here, and we are so excited to bring you our seasonal Switcheroo episode. And boy, oh boy, do we have a blockbuster star-studded cast film for you. Remy, how are you doing today?

Remi:

I'm doing a-okay, and just to fill our audience in, the switcheroo Ashley is referring to is when Ashley watches the movie and covers the film section of the podcast. And I do all of the research into the true crime aspect of the podcast, because it's nice to mix things up once in a while. So what are we covering this time, Ashley?

Ashley:

This time we're doing a movie that I have not seen before, and this is the first time that our switcheroo landed on one like that. We are covering A Few Good Men, directed by Rob Reiner, written by Aaron Sorkin, and starring so, so many people, including Tom Cruise and Jack Nicholson. Remy, had you seen this movie before?

Remi:

I think I had seen this movie once from start to finish, but I have seen it referenced on TV shows and numerous Simpsons episodes multiple times throughout the years, including this one.

Homer Simpson:

And I'm not out of order. You're out of order! The whole freaking system is out of order. You want the truth? You want the truth? You can handle the truth! Because when you reach over and put your hand into a part of goo, that was your best friend's face! You all know what to do. Forget it, Marge! It's Chinatown!

Remi:

However, I had no idea that it was based on a true story, and only discovered it when we were looking for films to do for our podcast, and this was on a list of films based on a true story.

Ashley:

I also had no idea that it was based on a true story, and I really didn't know much about the movie because it's been around for so long and it was a movie that made so much money and had so many stars in it. I did know that it was a courtroom drama based on the military, and that Jack Nicholson has a very famous clip, which we will play not once but twice during this podcast. And that's all I knew about it going into it. So this was a fun experience for me, and I kind of busted this one out.

Remi:

You did. You did this in one afternoon. I know sometimes it takes me at least two to three days to get through one of these movies when I'm doing the research and taking notes and everything, because I like to take breaks, but you powered on through and got this done in a single afternoon.

Ashley:

I was a little worried because it was written by Aaron Sorkin, but because it's his first movie he wrote, it does not have the constant dialogue and fast-paced nature of some of his subsequent films, including one we've done for this podcast and one that is on the books.

Remi:

Yes, we previously covered Molly's game on our podcast, and in the future, we will be covering The Social Network, which was written by Aaron Sorkin, and the upcoming sequel, The Social Reckoning, which is written and directed by Aaron Sorkin. So we will be looking forward to that in the future.

Ashley:

We're definitely gonna have to wait until the second one comes out because that's all about the legal fallout, from what I've read so far.

Remi:

This movie also stars Tom Cruise, which we covered in the film American Maid. But this was when he was still young and plucky and trying to prove himself as an actor. It's so weird seeing him look this young in a film.

Ashley:

They've talked about this in several podcasts I listened to when they talk about Tom Cruise's early career. He went through this phase where he was just trying to work with every big name director. And he really did achieve that until Stanley Kubrick just broke him in Eyes Wide Shut.

Remi:

However, I think the star of this film, even though he probably has the least amount of screen time amongst the top build actors, is Mr. Jack Nicholson, whom we have not discussed or covered on our podcast as of yet. Do you have a favorite Jack Nicholson film, Ashley?

Ashley:

He has so many good ones. Two of my top favorites are one flew over the cuckoo's nest, and then of course Mars Attacks, when he is playing two different characters because he was just having so much fun with Tim Burton. But my all-time favorite, I think this is probably most people's all-time favorite Jack Nicholson movie, is The Shining. He is so good in it, it's just so hard to beat him.

Remi:

The Shining is my favorite Nicholson performance. I watch that film at least once a year and have done so for several decades at this point. And I will always have a soft spot for Nicholson because he was really the first cinematic joker I ever saw. And he hit that shit out of the park and set the bar really high. Heath Ledger came around later on and smashed that bar, but he set the precedent for me, and I thought he was amazing as the Joker. And I'm pretty sure he steals about every scene he's in in every film he's in, including this one, wouldn't you say, Ashley?

Ashley:

Oh, definitely. He is only in three scenes of this movie, but in each and every single one, he is just acting his ass off. And that is not just something that I believe. That is literally something that every single person who encountered him on the set of this film has talked about again and again and again.

Remi:

Well, with that, what do you say we get into discussing Jack and Tom and many others with the film A Few Good Men?

A Few Good Men Clip:

You want answers? I think I'm entitled You Want Answers! I want the truth! You can't handle the truth.

Ashley:

A Few Good Men was written by Aaron Sorkin and based on his stage play of the same name. The title comes from a long-running Marine Corps recruiting slogan, We're looking for a few good men, which was gradually phased out in the 1980s.

Remi:

Is it the Few, the Proud, the Brave now? Is that their new slogan, or am I mixing that up?

Ashley:

I have no idea, but that sounds about right. Sorkin famously began writing the play on cocktail napkins while bartending at the Palace Theater on Broadway. The idea was sparked by a phone call with his sister, a Navy lawyer at the time, which Remy will tell us all about in his section. After he and his roommates bought a computer, Sorkin spent late nights shaping those scattered ideas into a full script. At just 28 years old, he sold the film rights for a few good men, only the second play he'd written to producer David Brown in a six-figure deal before it even opened on Broadway. Brown discovered Sorkin after reading a New York Times article about his one act play, Hidden in This Picture, which mentioned readings for his upcoming Off-Broadway production. In addition to purchasing the film rights and financing the stage play, Brown pitched the project to executives at TriStar Pictures, but they passed on the adaptation due to the lack of big name actors attached. A few good men premiered at the Music Box Theater on November 15, 1989. It was the only original American play produced on Broadway that fall. Tom Holse earned a Tony nomination for Best Actor, and the production saw several international runs in addition to 497 Broadway performances.

Remi:

That's a pretty good run.

Ashley:

Dan Brown's dedication to getting a few good men made, led to him making plans to finance it through his own production company. Shortly after that announcement, he got a call from Alan Horn at Castle Rock Entertainment expressing interest in the project, with Rob Reiner opting to direct. Reiner, best known early in his career for playing Michael Meathead Stivik in the 1970s sitcom All in the Family, had become a powerhouse filmmaker. His directing credits already included This Is Spinal Tap, Stand By Me, The Princess Bride, When Harry Met Sally, and Misery, each a critical or box office hit.

Remi:

And we are big fans of all of those films.

Ashley:

I actually have seen all of them except for This Is Spinal Tap. I still have not watched that one.

Remi:

Yeah, we had a week where we watched every single Christopher Guest movie. I think we were doing one a night, and this is Spinal Tap was the only one not streaming on anything. So it's the only one you haven't seen.

Ashley:

I know they're making a sequel to it, so I'm sure it's gonna be up somewhere shortly if it's not yet already, so we'll have to watch it first before we watch the second one.

Remi:

It's different than the other movies. It doesn't have his usual group of people in it, but it's still great.

Ashley:

Reiner and Sorkin spent the next eight months working together on the screenplay, which was Sorkin's first. Writer William Goldman did an uncredited rewrite that Sorkin admired so much, he incorporated many of the changes into the stage version. In the end, Sorkin admitted he preferred the screenplay over his original Broadway script. After watching the play for 14 months, he knew exactly which moments worked best and what scenes could be improved. Countless Hollywood stars auditioned for the project. James Woods and Alec Baldwin read for the role of Colonel Nathan Jessup. It was first offered to Gene Hackman, but he turned it down because he was already starring in Clint Eastwood's Unforgiven.

Remi:

Ooh, Gene Hackman would have been good.

Ashley:

According to Sorkin, Hackman's decision didn't pose much of a problem. They soon realized the perfect man for the part.

Aaron Sorkin:

And and Rob Reiner, who directed the film as well, uh, he came in for our usual 10 a.m. session. This was several months before we started the movie, and uh he had just seen the Grammy Awards on television the night before. And Jack Nicholson was presenting a Grammy to Bob Dylan. I think it was a lifetime achievement award. But Rob came in with just with this look on his face, saying, I know who has to play Jessup. Listen to this, he said to me, and he opens up the script and he opens to that big speech and just begins reading the speech in in Nicholson's voice, doing Nicholson, and and uh and we all realize that the without knowing it, I'd written the role for Nicholson.

Remi:

So he wrote the role for Nicholson, not even knowing that he wrote the role for Nicholson.

Ashley:

Jack Nicholson accepted the role of Colonel Nathan Jessup and was paid five million dollars for the 10 days it took him to film his three scenes.

Remi:

Jack got paid.

Ashley:

He technically worked an extra morning for free when Reiner didn't get all of his footage shot in time. Tom Cruise was cast as Lieutenant Daniel Caffey in March 1991, earning his usual $12.5 million salary. What drew Cruz to the project was the screenplay itself. He even flew to New York to see the Broadway production before officially signing on. Jason Alexander was originally cast as co-defense counsel Lieutenant Sam Weinberg, but had to drop out after Seinfeld was unexpectedly renewed.

Remi:

That's a casting I don't know if I can picture.

Ashley:

The role ultimately went to Kevin Pollock, a relatively unknown actor at the time. The role of Lance Corporal Dawson went to Wolfgang Bottesen. He was working as a location manager for the film, having been Reiner's personal assistant while filming Misery. After Reiner struggled to fill the part, he realized Bottison looked like a Marine and offered him the job. He is really, really good in this. Several major stars were considered for the role of Lieutenant Commander Joanne Galloway, including Linda Hamilton, Jodie Foster, Michelle Pfeiffer, and Helen Hunt. The part ultimately went to Demi Moore, who was eight months pregnant at the time. Determined to land a hit after three box office bombs, she agreed to reduce her salary from three to two million. This makes me so mad. They can pay Jack Nicholson 5 million, Tom Cruise 12.5, but they can't give Demi Moore, who is almost in this movie as much as Tom Cruise, an extra million dollars.

Remi:

The gender pay discrepancy was unfortunately alive and well in Hollywood during this time, and there were a lot of actresses not being paid what they should have been.

Ashley:

Well, speaking of Demi, Sorkin reportedly faced pushback from studio executives over the lack of a romantic subplot between Moore and Cruz's characters, an experience he cited as one of the worst in his screenwriting career. One unnamed executive slipped him a note that read, If Tom Cruise and Demi Moore aren't gonna sleep together, why is Demi Moore a woman? His response was sharp and simple. Women have purposes other than to sleep with Tom Cruise.

Remi:

I am so glad that we are past the days where if there is a man and a woman in a film together that they have to have sex, I'm glad that platonic relationships can now exist in film.

Ashley:

Well, probably because this was his first experience in Hollywood, Sorkin did briefly cave to studio pressure. But Rob Reiner backed him up and stirred firm, insisting the strength in the relationship came from their character's mutual respect and that forcing a romance would only cheapen the story.

Remi:

Agreed.

Ashley:

The cast was rounded out by an impressive supporting lineup, including Kevin Bacon and Kiefer Sutherland, and many, many others. Filming began at the Arlington Memorial Bridge in Washington, D.C. on October 21, 1991. 200 off-duty Marines were used as extras for the shoot. The scenes set at Guantanamo Bay were filmed across several California locations, including Crystal Cove State Park, Fort MacArthur, and the Point Magoo Naval Air Force Station. According to since declassified documents, the Department of Defense denied the production permission to film at Camp Pendleton Marine Base in San Diego. The DoD also raised objections to certain parts of the script. For example, they requested Demi Moore's character be rewritten as a Marine instead of a Navy officer and pushed to have the storyline of Lieutenant Colonel Matthew Markinson, played by J.T. Walsh, not involved suicide. In true Tom Cruise fashion, he threw himself completely into the role, often staying late after rehearsals to fine-tune every detail of his performance and familiarize himself with the legally's dialogue. He has said he modeled his portrayal of Lieutenant Daniel Caffey after Church of Scientology chairman David Miscavige.

Remi:

Really, I can kind of see that now that you've brought that up.

Ashley:

I'm sure he said this in the past, and if he has been asked about it since, he has probably denied it since the Church of Scientology is now much more known than it was in 1991 and 1992.

Remi:

Oh yeah, this is a statement he's definitely doing some backtracking on.

Ashley:

He even insisted on using the church's clear sound reproduction technology, claiming it captured his voice better.

Remi:

I have never heard of that in my entire life.

Ashley:

Despite his famously intense work ethic, everyone on set had a great time. Demi Moore and Bruce Willis hosted a Super Bowl party. Since Willis was filming Death Becomes Her at the time, Meryl Streep was also in attendance. Tom Cruise and Nicole Kidman hosted a Godfather Night, complete with an Italian feast sandwiched between screenings of the first two films in their home theater. On one occasion, Cruz personally flew Kevin Pollock to set in his helicopter. It's funny because Kevin Pollock was saying, like, it would have taken me maybe 25 minutes to get to work that day, but in the chopper it took us less than 10.

Remi:

Any excuse to use the chopper.

Ashley:

Even Jack Nicholson joined in on the fun, occasionally getting beers with the cast after long shooting days. Speaking of Nicholson, like I mentioned at the top of this episode, virtually every behind-the-scenes interview includes someone raving about his professionalism, magnetic screen presence, and down-to-earth personality. For example, when it came time to shoot his iconic You Can't Handle the Truth courtroom scene, the set was packed. Family members, crew, and even actors from other productions shooting on the lot, including Bruce Willis, showed up to watch him work. Keeper Sutherland shared this memory from the day.

Kiefer Sutherland:

And Jack Nicholson was so brilliant in the first take that I remember looking over at Rob Reiner, and Rob Reiner looked kind of stunned because he wasn't expecting that. And I wasn't either. And if it's even possible, take two seems to be even more powerful than take one. And he calls cut, and everybody's very quiet. And Rob Reiner stood up and said, Well, I can't see that getting any better. So I guess we're done. And I just watched like two or three days of scheduled work just go out the window. And I've never seen an actor kind of command a room like that.

Ashley:

And that scene they're talking about is the final monologue he has when the camera is directly on him. But there's lines that he has leading up to that where his character is responding to questioning, but the camera isn't pointing at him. And he filmed those first, those scenes first. And he did about 50 different culminations of his different lines in that. And Rob Reiner has said that he delivered each one, even though the camera was not on his face at all, with the exact same intensity.

Remi:

Man, room full of some of the biggest names in Hollywood, and Jack's just like, hold my beer. Let me show you guys how to fucking act.

Ashley:

And with that, shall we get into a few good men?

Remi:

I think I'm ready for the truth. I can handle it.

Ashley:

Private First Class William Santiago, played by Michael DeLorenzo, is asleep when he's suddenly ripped from his bed by Lance Corporal Harold Dawson, played by Wolfgang Bottason, and his subordinate, Private First Class Loudon Downey, played by James Marshall. The men shove a rag into Santiago's mouth, tape it shut, tie him up, and force him onto his stomach. Three days later, a marching band and drill team practice in near perfect unison as the opening credits roll, a stark contrast to the violence we just witnessed. Lieutenant Commander Joanne Galloway, played by Demi Moore, comes into focus, rehearsing talking points as she strides purposefully towards the Judge Advocate General Corps building. She is here to see Captain West and two others, carrying some grim news. Over the weekend, Private First Class Santiago died at the Navy hospital just an hour after the assault. The NIS agent who took the suspect's initial statements concluded that Dawson and Downey were trying to stop Santiago from reporting Dawson for illegally firing his weapon across the fence line at Guantanamo sometime earlier. Their hearing was set for four o'clock. Despite having the two suspects in custody, Galloway knows right away that this is far from an open and shut case. The defendants are model Marines, while Santiago had developed a reputation as a screw-up, leading her to suspect that this was a code red situation. She wants the case to be moved to DC so she can represent them. A request that has everyone on edge.

A Few Good Men Clip:

Who's she handling Rosenbergs? She's not cut out for litigation. She's a hell of an investigator, Jerry. And internal affairs, sure. She can crawl up a lawyer's ass with the best of them. When it comes to trial work, I think we should. I know, I know. All passion knows street smarts. Bring her back in.

Ashley:

Galloway is informed that she's far too valuable in her current assignment to take a case that will certainly end in a plea deal. But don't worry, they have just the man for the job. Cut to Lieutenant Daniel Caffey, played by Tom Cruise. While hitting baseballs before work, he negotiates a plea deal with a prosecutor for a defendant who bought a regano thinking it was marijuana. He doesn't miss a beat or a pitch as he talks the charge down to a Class C misdemeanor with virtually no punishment for this heinous, heinous crime.

Remi:

For purchasing a regano.

Ashley:

Because he still is in the military and he was intending to purchase Wave, which is still a big no-no. He arrives at the office a few minutes late and learns that he'll be representing Dawson and Downey, with a reluctant Lieutenant Sam Weinberg, played by Kevin Pollock, as co-counsel. The only new detail we learn about the case is that the rag that was stuffed into Santiago's mouth was allegedly coated in some kind of toxin. Kathy and Weinberg head to Galloway's office for a briefing, where she doubts his ability to handle the case as he casually gnaws on an apple.

A Few Good Men Clip:

Lieutenant, how long have you been in the Navy? Going on nine months now. And how long have you been at a law school? A little over a year. I see.

Midnight in the Garden of Good and Evil trailer:

Have I done something wrong?

A Few Good Men Clip:

No. It's just that when I petitioned the vision to have counselors signed, I was hoping I would be taken seriously.

Remi:

A lot of times in movies, when a character is blatantly eating an apple like that, it's shorthand to show that they are a little cocky and over-self-assured. And this scene is no different. However, I am baffled why Tom Cruise's character would wonder why Demi Moore was kind of getting irritated. He is talking with his mouth totally full of apple.

Ashley:

Well, Weinberg assures Galloway that his Green Pal has earned quite the reputation during those nine months, successfully litigating 44 cases through plea negotiations. Galloway hands over a stack of 14 letters Santiago sent over the same period to various military divisions, desperately begging for a transfer, including one in which he offers information on Dawson's illegal weapon discharge if his request is granted, providing a clear motive for his murder. Despite this damning evidence, Caffey remains confident he can negotiate with the prosecution to drop three of the four charges in exchange for a 12-year prison sentence. Galloway is far less impressed by his plan and cocky demeanor. Flashback to Santiago going through training, accompanied by a voiceover of one of his letters. We see a superior officer shove him down a hill during a run, followed by a shot of him eating alone. After reading the letter, Colonel Nathan Jessup, played by Jack Nicholson, leans forward and asks, Who the fuck is PFC William T.

A Few Good Men Clip:

Santiago? Providence Santiago is a member of Second Latoon Bravo, sir. Yeah. Well, apparently he's not very happy down here at Shangri-La because he's written letters to everybody but Santa Claus asking for a transfer. And now he's telling tales about a fence line shooting. Matthew? This kid broke the chain of command and ratted on a member of his unit to say nothing of the fact that he is a U.S. Marine, and it would appear he can't run from here to there without collapsing from heat exhaustion.

Ashley:

Lieutenant Colonel Matthew Markinson, played by J.T. Walsh, pushes for an immediate transfer, believing Santiago will become a target once word of the letter spreads. But Jessup has a better plan. Santiago just needs proper training. A task assigned to 2nd Lieutenant Jonathan Kendrick, played by Kiefer Sutherland. Markinson challenges Jessup's decision and gets a verbal lashing once Kendrick is dismissed. The next morning, Dawson and Downey arrive at the military prison in Washington, D.C., but Kathy is nowhere to be found. Predictably, Lieutenant Galloway tracks him down at batting practice to reprimand him for his misplaced priorities.

Midnight in the Garden of Good and Evil trailer:

You don't even know me. Well, it nearly takes someone hours to discover I'm not fit to handle a defense.

A Few Good Men Clip:

Oh come on. That was damn funny.

Remi:

Tom Cruise's character really likes baseball.

Ashley:

He is obsessed at baseball, and this is not the last time I will be mentioning something about baseball. During this exchange, we learn that Caffey's deceased father was a highly respected military lawyer, leading Galloway to suspect he's merely following the career path expected of him, biding his time until he can retire. She questions whether he has the dedication or drive to put any effort into the case beyond securing a quick plea bargain. Caffey, in his usual irreverent way, responds that he is now sexually aroused.

Remi:

Sexual harassment?

Ashley:

Galloway, clearly accustomed to being sexualized and belittled, continues without batting an eye. She doesn't believe the defendants intended to commit murder, citing what she considers a questionable coroner report. Although Santiago was pronounced dead at 12 37 a.m., the official cause of death, acute acidosis, wasn't determined until 3. She tells Kathy she plans to request his reassignment and asks if he's ever heard of a code red. For once he has nothing to say. Caffey and Weinberg head to their first meeting with their clients, with Dawson doing nearly all the talking. They finally learn what a code red is. A form of discipline carried out by platoon mates when a fellow Marine steps out of line. For example, missing a shower could mean being scrubbed with hard bristled brushes or brillo pads to hammer home the importance of maintaining a clean-cut appearance.

Remi:

Wow, so you can get a code red called on you for missing a shower.

Ashley:

Literally everything. Falling behind on a run, being late to dinner, literally anything can get you a code red. It essentially seems to be a form of hazing. Downey admits that Santiago's assault was a code red, but insists the rag wasn't poisoned. After tying him up, the plan was only to shave his head. When they notice blood dripping down his mouth, they removed the rag, called an ambulance, and were arrested at the scene. Caffe presses Dawson about the allegations of illegal firing, which Dawson explains was in retaliation after his Cuban counterpart fired first. Dawson adds that a code red was ordered because Santiago broke the chain of command, going outside his unit instead of speaking to a superior about the issue first. Despite this, murder was never the goal.

A Few Good Men Clip:

What was your intent? To train him, sir. Train him to do what? Train him to think of his unit before himself. To respect the code. What's the code? Unit core God Country. I beg your pardon. Unit core God Country. Sir.

Ashley:

And FYI, that Marine that does pretty much all the talking of the two is Wolfgang Bottasin, the one who had zero acting experience before this. And now it's time for a trivia break. How many times is the word sir said in a few good men?

Remi:

Ooh, I'm gonna go with. With sixty?

Ashley:

A hundred and sixty-four times. An average of once every 50 seconds.

Remi:

Well, it is the military.

Ashley:

No prize for you. Maybe next time. As Caffey packs up for the day, head prosecutor Captain Jack Ross, played by Kevin Bacon, walks in to talk shop. He offers to drop the charges of conspiracy to commit murder and conduct unbecoming of a Marine if they accept a 20-year sentence for murder. Caffey unsurprisingly says hell to the naw, counters with 12 years, and asks what a code red is. Off the record, Ross agrees to the 12 years and reveals that before Santiago was attacked, Lieutenant Kendrick instructed his men not to lay a hand on him. Caffy tells him he'll get back to the offer once he returns from Guantanamo Bay. Outside, Lieutenant Galloway greets him, hoping to make peace. Without Caffy's knowledge or permission, she met with Downey a few times and spoke to his aunt who wants her involved in the case. Caffey is irritated but doesn't put up a fight when she tells him she's coming along to Cuba. The next day, the defense team arrives at the base and has a brief meeting with Colonel Jessup, Lieutenant Kendrick, and Lieutenant Colonel Markinson. Jessup instructs Kendrick to take them wherever they want to go. On the drive, Caffey asks about the meeting on the day of Santiago's death. Kendrick confirms that it took place at four and involved him instructing his men to not seek retribution. Side note, while filming this scene, Kiever Sutherland had trouble maneuvering the extra wide Humbee through the two rows of marching marines, accidentally hitting a few on multiple takes.

Remi:

What?

Ashley:

Kendrick leads the defense team to Santiago's sealed-off room where pools of blood stain the bedding and floor. Kathy opens the small wardrobe, studying the deceased man's neatly pressed uniforms. Don't forget these uniforms, they come into play later. Galloway takes the moment to ask Kendrick if he thinks Santiago was murdered. He replies grimly. But he is dead because he had no code. He is dead because he had no honor, and God was watching. Woof, rough.

Remi:

Yeah, very harsh words.

Ashley:

The defense team rejoins their intimidating welcome party for a lovely outdoor lunch. Caffy attempts to draw information out of Jessup, but is met with curt one-word responses. When prompted to share anything he thinks they might not know, Jessup reveals Santiago's transfer had been approved after all, and was scheduled for 6 a.m. the next morning, the earliest possible flight. Kathy and Weinberg get up to leave, but Galloway has other plans. Over Kathy's protests, she presses Jessup about Code Reds, citing a recent memo warning against their use. As she continues to ignore Kathy's increasingly desperate pleas to back off, Jessup lets his true misogynistic side shine through.

A Few Good Men Clip:

You know, it just hit me. She outranks you, Danny. I want to tell you something, and listen up, because I really mean this. You're the luckiest man in the world. There is nothing on this earth sexier, believe me, gentlemen, than a woman that you have to salute in the morning.

Ashley:

Jessup returns to the topic of code reds, stating on the record that they're discouraged, but off the record, he admits they're considered an invaluable part of marine training. Before leaving, Kathy requests a copy of Santiago's transfer file. Jessup agrees to provide it, but only if he asks nicely.

A Few Good Men Clip:

Corporal take you by personnel on your way out to the flight line, and you can have all the transfer orders that you want. I beg your pardon? You have to ask me nicely. You see, Danny, I can deal with the bullets and the bombs and the blood. I don't want money and I don't want medals. What I do want is for you to stand there in that faggoty white uniform and with your Harvard mouth extend me some fucking courtesy.

Remi:

He is so fucking scary and intimidating.

Ashley:

And I would have done exactly what Tom Cruise does. Asks very, very nicely.

Remi:

Yeah, I would not fuck with Jack Nicholson.

Ashley:

Back in the States, Kathy's watching baseball when Galloway interrupts him with alarming news. Markinson went AWOL after they left Cuba. She also succeeded in getting appointed to the case, but won't be taking the lead from him. During a meeting with their clients, Dawson and Downey confirmed that Lieutenant Kendrick ordered the code red, allegedly in Dawson's barrack just 20 minutes after the meeting, where he told the rest of the platoon to stay away from Santiago. Caffey and Galloway rush over to the prosecutor's office, interrupting a heated pickup basketball game. Captain Ross isn't impressed with their code red theory, citing the 23 Marines not charged with murder who will testify that no such order was given. Despite all hope dwindling, Ross says he's authorized to discreetly settle the case and offers a sweetheart deal. Accept a two-year sentence for involuntary manslaughter. With credit for good behavior and time served, the men will be home in six months. If they go to court and lose, they'll face life in prison for murder, conspiracy to commit murder, and conduct unbecoming of a Marine. What would you do in this situation, Remy? I would 10,000% take this plea deal.

Remi:

I would definitely take the plea deal. It would not be worth the risk, and in the grand scheme of things, six months is not that long. But they would be dishonorably discharged if this happened?

Ashley:

Yes. Caffey lays out the details of the plea deal to his clients, only to be completely befuddled when they refuse. Not only would they be dishonorably discharged if they accepted the deal, but in their eyes, they did nothing wrong. By signing the deal, they will be forced to admit that they have no honor. As Dawson continues, he erupts, screaming in Caffey's face that he will not dishonor himself or the Corps just to be home in six months. At Caffey's request, Galloway escorts Downey out so he can speak to Dawson alone. He pleads with the Marine to take the deal, only to be met with a stinging retort. He's a coward unworthy of the uniform. As Caffey leaves, he pauses and asks the seated Dawson what happened to saluting a superior before they exit the room. Dawson slowly rises and in a final act of defiance shoves his hands into his pockets. Back at his office, Caffe lays out his plans to request a change of counsel at tomorrow's arraignment. Galloway pleads with him to stay on the case, now convinced he is their only hope for an acquittal. After spending the evening reflecting, Caffey walks into court and enters a not guilty plea. The trial is set to begin in three weeks.

Remi:

That does not seem like enough time to prepare.

Ashley:

Yeah, I guess the hands of justice move slowly everywhere, except for in Aaron Sorkins A Few Good Men Universe. Before leaving the courtroom, he asks his co-counsel a rhetorical question. Why does a lieutenant junior grade with nine months experience and a track record for plea bargaining get assigned a murder case? Would it be so it never sees the inside of a courtroom? Over the next three weeks, the defense team works tirelessly out of Caffey's living room. Their strategy focuses on two key points. The lack of intent to commit murder, and the argument that Dawson and Downey had no choice but to follow the code-red order. They also plan to challenge the claim that Santiago's death was caused by poison. The court-martial trial begins on October 3rd in the courtroom of Judge Julius Randolph, played by J.A. Preston. In the briefest opening statements imaginable, prosecutor Jack Ross lays out the quote, undisputed facts. The defendants entered Santiago's room at midnight and assaulted him using a rag soaked in poison. He died from acidosis, which caused his lungs to bleed at 12 37 a.m. Caffe's rebuttal is blunt. Basically, no, that's not true. There was no poisonous rag. They went into the deceased room because they were ordered to and couldn't say no. The government's first witness is investigator Robert McGuire, who testifies about a letter he received from Santiago three days before the murder. Although Santiago claimed Dawson illegally fired over the fence line, there wasn't enough evidence to pursue charges. But Jessup was alerted to the need for an investigation. Next up is Corporal Hammaker, played by Kuba Gooden Jr. He recounts the 4 o'clock meeting where Lieutenant Kendrick instructed the platoon to not seek retribution against Santiago for going outside the chain of command by writing a letter about Dawson's alleged misconduct. Ross attempts to call another platoon member with plans to call in total all 23 to testify about this five-minute meeting. To avoid this, Kathy offers to stipulate on the record that Kendrick publicly gave an order to not harm Santiago if the prosecution in turn agrees that no one was in the room with his clients when they say he retracted it. Ross agrees. Next, Dr. Stone takes the stand as the medical examiner and expert who determined Santiago's cause of death. In his opinion, Santiago died from lactic acidosis, a buildup of lactic acid in the bloodstream that happens when the body doesn't get enough oxygen and in turn makes the blood too acidic. In Dr. Stone's view, this was caused by poison, leading to bleeding in Santiago's lungs. Although toxicology reports detected no poison in his system, Dr. Stone dismisses this, claiming many toxins can go undetected. On cross-examination, Caffey methodically points out that other conditions, like coronary or cerebral disorders, can speed up the onset of acidosis. He cites Santiago's recent symptoms, shortness of breath, chest pain, fatigue, and presents a document signed by Dr. Stone authorizing that he get restrictive duty because of these. Despite this, Dr. Stone refuses to entertain any other potential cause of death. The prosecution rests. After the weekend, Corporal Barnes, played by Noah Wiley, takes the stand as the defense's first witness. Remy, do you know who Noah Wiley is?

Remi:

Of course. He's the man who just made a career comeback with The Pit, and he was also on one of your favorite shows, ER.

Ashley:

Yes, I watched The Pit and fell in love with it. I can't wait for the second season to start up in January. And then I went on an ER rewatch and just plowed through that series.

Remi:

And that is a staggering amount of episodes.

Ashley:

Corporal Barnes recounts his own experience as the target of a code red. The night after his gun slipped during drills, several Marines threw a blanket over his head, took turns hitting him in the arm for five minutes, and glued his hands together. He never dropped his weapon again. He also testifies that several of the platoon members were frustrated with Santiago for being constantly late, having a messy barrack, and lagging behind on runs. Despite these transgressions, a code red was never called because Dawson wouldn't allow it. On the way home that night, Caffey is startled by a shadowed figure in the backseat of his car. Lieutenant Markinson! He dropped some serious bombshells. Kendrick issued the code red under Jessup's orders, and Santiago was never going to be transferred. Those transfer documents, Caffey requested, were forged and signed five days after Santiago's death, just hours before the defense team landed in Cuba. An elated Kathy meets prosecutor Ross at a bar, but his excitement is short-lived. Ross warns him of the dangers of accusing high-ranking officials of felony crimes without explicit proof, adding that Kathy was bullied into taking the case to trial in the first place. As he's leaving, Kathy stands up and lets lose possibly one of the worst insults in movie history.

Remi:

Ooh, sickburn.

Ashley:

I wish Kevin Bacon would have been like, I know, that's why I prefer basketball. Back in court, Lieutenant Kendrick testifies about Private Bell, a Marine previously caught stealing liquor. He denied ordering a code red, but admits to placing Bell on a week of barrack restriction with no food.

Remi:

So starving him.

Ashley:

Caffy then walks him through Dawson's performance reports from that period. One poor evaluation stands out. Turns out, Dawson was reprimanded for disobeying orders by sneaking food to Private Bell, highlighting the consequences of defying Lieutenant Kendrick's instructions. Kendrick struggles to maintain his composure as he openly admits that Dawson and no other Marine are in a position to decide which orders should be followed and which should not be. That night, Caffy goes to Lieutenant Markinson's guarded hotel room to ask about Santiago's non-existent transfer orders. Markinson confirms that no such transfer was ordered, further noting that Jessup tampered flight records to hide the fact that there was a plane leaving Guantanamo at 11 o'clock that night. But Santiago was never supposed to be on any of them. The next day, Markinson is getting dressed in his uniform to a voiceover of a letter he wrote to Santiago's parents, blaming himself for their son's death. Overcome with guilt, he pulls out his pistol and takes his own life. Back in court, Downey is wrapping up testifying in his own defense. His story unravels when prosecutor Ross forces him to admit that there's no way he could have been in Dawson's room when Lieutenant Kendrick gave the Code Red order. Donnie stares at Dawson as he repeats his name, pleading for help, while Ross presses on. Is Dawson the one that told him about the Code Red Order? Dawson commands Downey to answer. Trembling, he confirms what the prosecutor suspected. This devastating testimony, coupled with news of Markinson's death, proves too much for Kathy. While Galloway and Weinberg are for some reason at his house without him, he stumbles in sobbing wet and drunk as a skunk. Despite the news of the suicide, Galloway still thinks they can win by arguing that the code red order was still traced back to Kendrick, regardless of how Downey learned about it. She tries to regain morale and suggests subpoenaeing Jessup, but Kathy is at the end of his rope.

Midnight in the Garden of Good and Evil trailer:

What possible good could come from putting Jessup on the stand? He told Kendrick to order the code red. He did? That's great. Why didn't you say so? And of course, you have proof of that. Oh I'm sorry, I keep forgetting. You were sick the day they taught law at law school.

A Few Good Men Clip:

You put him on the stand and you get it from him.

Midnight in the Garden of Good and Evil trailer:

Oh, we get it from him! Yes! No problem. We get it from him. Colonel Jessup, isn't it true that you ordered the code red on Santiago? Listen, we're all a little I'm sorry, your time's run out. What do we have for the losers, Judge? Well, for our defendants, it's a lifetime at exotic Fort Leavenworth. And for Defense Counsel, Kathy, that's right! It's a court martial! Yes, Johnny! After falsely accusing a highly decorated Marine officer of conspiracy and perjury, Lieutenant Caffey will have a long and prosperous career teaching typewriter maintenance at the Rocco Columbo School for Women. Thank you for playing. Should we or should we not follow the advice of the galactically stupid?

Remi:

Man, I love Tom Cruise's freak out scenes.

Ashley:

It kind of reminds me of some Nicolas Cage freakout scenes, although more grounded.

Remi:

Oh yeah, nobody can match Cage.

Ashley:

After Galloway leaves, Caffey and Weinberg have a heart-to-heart that restores a sliver of confidence. He chases after Galloway, apologizes for his outburst, and drops a bombshell. He's putting Jessup on the stand. The next morning, the trio brainstorm ways to get Jessup to admit he's ordered the code red. Caffey heads to his closet to grab his favorite baseball bat, since apparently he thinks best while holding it.

Remi:

I think he secretly wants to be a baseball player.

Ashley:

And in the closet, he pauses for a moment, staring at his neatly pressed uniforms. Suddenly it hits him. What exactly it is, we don't yet know, but he races to his office, prints out call logs, and instructs Weinberg to track down two officers for unspecified reasons. Back in court the next day, Galloway puts on her private affairs investigator hat and advises Kathy to not accuse Jessup of issuing the code red unless he's absolutely certain he can secure a confession in court. Just as Jessup takes a stand, Weinberg enters with two uniformed officers who quietly take their seats. Jessup's testimony begins predictably. The platoon was ordered not to touch Santiago, who was scheduled for a 6 a.m. transfer out of Cuba, a request that was made to protect him from the serious danger associated with potential retaliation. And then we realize what revelation Caffey had the night before. When he visited Santiago's room weeks earlier, all of his belongings were neatly stowed. Wouldn't someone with an early morning transfer flight at least have started packing? Even more suspicious, per the reviewed outgoing call logs, the man who spent nine months pleading for a transfer didn't notify anyone when it was finally granted. Jessup seems amused and calls Kathy's line of questioning a waste of time. Was he really brought here to speculate about a man's travel habits, to talk about phone calls and clothing lockers? Jessup rises to leave, but Caffey stops him, sternly reminding him that he hasn't yet been dismissed. Caffy presents flight logs from the St. Andrews Air Force Base, showing that contrary to Jessup's prior claims and Guantanamo Bay's flight logs, there was a flight out of Cuba at 11 p.m. If the transfer was happening, shouldn't Santiago have been on that one? He adds that the two witnesses who accompanied Weinberg into court were stationed at St. Andrews and are prepared to testify. With the accusations of doctored flight logs lingering in the air, Caffey zeroes in on his real target, the Code Red order. Jessup reiterates that no such order was ever given, but Caffe immediately exposes another flaw. Why would Santiago's life have been in danger, so much so that he had to leave Cuba on the first flight out? If the men were explicitly ordered to not touch a hair on his head. Jessup tries to backpedal, claiming the transfer order was because Santiago was a substandard marine, but Kathy isn't buying it. He then asks the million-dollar question.

A Few Good Men Clip:

Colonel Jessic, did you order the code rain? You don't have to answer the question. I'll answer the question. You want answers? I think I'm entitled. You want answers! I want the truth! You can't handle the truth. Son, we live in a world that has walls, and those walls have to be guarded by men with guns. Who's gonna do it? You? You, Lieutenant Weinberg? I have a greater responsibility than you can possibly fathom. You weep for Santiago and you curse the Marines. You have that luxury. You have the luxury of not knowing what I know.

Midnight in the Garden of Good and Evil trailer:

Did you order the code red?

A Few Good Men Clip:

I did the job. Did you order the code red? You're goddamn right I did!

Ashley:

And FYI, this is the final monologue I mentioned earlier that Jack Nicholson only had to do twice while everyone was watching. The clip that you heard here is a spliced together version of the beginning and the end, but there is like another whole minute in between there.

Remi:

Jack Nicholson is, of course, amazing in this scene. But I also want to highlight that after he admits that he ordered the code red, it cuts to Tom Cruise, and Tom Cruise has this expression on his face like, holy shit, I got him.

Ashley:

Well, and Jessup's confession stuns everyone into silence. The camera literally pans across everyone in the courtroom, and everyone is just like, wait, what?

Remi:

Yeah, he got him to have an emotional outburst in court. That's uh pretty intense.

Ashley:

Even with the jury temporarily removed, Jessup doesn't understand the gravity of his situation. As Prosecutor Ross reads him his Miranda rights, he lunges at Kathy, requiring two bailiffs to hold him back as he screams, I'm gonna rip the eyes out of your head and piss into your dead skull.

Remi:

This colonel is a scary son of a bitch.

Ashley:

After he is escorted out of the courtroom, the jury is called back in to deliver their verdict. Dawson and Downey are found not guilty of murder and conspiracy to commit murder, but guilty of conduct unbecoming of a marine. Their sentence? Time served and a dishonorable discharge. Dawson sits in silence while Downey repeatedly asks him what this means. How can they be guilty of following Jessup's orders? They didn't do anything wrong. Dawson somberly replies that they did do something wrong. They were supposed to fight for people who couldn't fight for themselves. They were supposed to fight for Santiago. As the men are led out to complete discharge paperwork, Kathy calls out to Dawson one last time.

A Few Good Men Clip:

Harold. Sir.

Remi:

And for our listeners at home, Tom Cruise finally got that salute he had been waiting for.

Ashley:

And the two actually salute each other, signaling mutual respect before departing. Ross turns to Kathy and asks what the last two witnesses were gonna testify about. They chuckle as Kathy admits they would have said they had absolutely no recollection of that day's flight schedule. The movie ends with Kathy standing in the courtroom alone. He pauses before exiting, turns around, and scans the empty room as if he's seeing it for the very first time. And that is A Few Good Men, a movie that is two hours and 20 minutes, but does not feel like two hours and 20 minutes.

Remi:

Most of Aaron Sorkin's projects are pretty long as far as lengthwise, but he crams so much into that amount of time, it usually feels like it's flying by.

Ashley:

Did anything stand out to you, Remy, from hearing about the movie and seeing the clips compared to when you first saw it?

Remi:

I do find it interesting the addition of the sexism angle throughout the storyline, which I assume is taken from some of his sister's experiences working as a Navy attorney. So I thought that was a very interesting inclusion. The performances are outstanding, and I don't want to give away too much, but there were liberties taken, but it is closer to the truth than I had anticipated.

Ashley:

Something that stood out to me as I was watching this movie, which by the way, I really, really enjoyed. I can see why it's considered a classic and just slayed with critics.

Remi:

You love these courtroom dramas, and this is one of the best.

Ashley:

And of course, it's undeniable that Jack Nicholson just steals every single scene he's in. But Tom Cruise, like, really gives it his all. And it makes me so sad that this guy who used to take on all of these very interesting, unique roles that would challenge him as an actor, never got an Oscar, and now he's probably never going to because he's just an action star now. I wish and I hope, now that Mission Impossible series is supposedly finished, that he'll get back to roles where he can really show us what he can do on the screen. Because he can do a lot more than jump out of an airplane.

Remi:

He's an amazing actor, and he gives every performance 110%. And I totally agree with you. I'm sort of getting tired of the Tom Cruise action star thing, especially now that he's in his 60s. So I'm really hopeful that he'll start challenging himself and doing some more dramatic performances like he did when he was an up-and-coming actor. Because he's really, really good.

Ashley:

I hope that the addition of the new Oscar category for stunts isn't gonna be the thing that kind of pushes him back into some crazy stunt performance so he can get that.

Remi:

Which is hilarious that that award starts in 2027, and there is supposed to be no more Mission Impossible movies from this point forward. So Tom Cruise would be missing out on that stunt Academy Award, unfortunately. Unless he wants to keep going, he could always make a part eight.

Ashley:

Well, with that, let's get into post-production of A Few Good Men. The film premiered in Los Angeles on December 9th, 1992, with a full theatrical release two days later. Originally slated for a late summer or early fall release, the studio moved it to the Christmas season to boost its chances for Oscar consideration. Jack Nicholson was reportedly upset by the change because it moved the film's release to just two weeks before Hoffa, a personal project of his.

Remi:

He didn't deserve a Razzie. The movie's not that great, but he's good in it.

Ashley:

He lost the Best Supporting Actor Award to Gene Hackman for his portrayal of little Bill Daggett in Clint Eastwood's Western Unforgiven.

Remi:

Damn you, Hackman.

Ashley:

And believe it or not, that's all I got about Pro's production. Everything went super, super smoothly. But I am curious to hear the true story behind a few good men. I have no idea what to expect here.

Remi:

Well, Laddie Soldier, let's get into it. David was the youngest of three children with an older brother, Stephen, along with his sister, Christine. His family later moved to Needham, Massachusetts, when David was around four to seven years old, where David continued to live until joining the United States Marine Corps. When David was 15, his parents divorced, and he initially lived with his mother, June, before eventually moving back in with his father. In 1985, David graduated from Needham High School and briefly attended Massachusetts Bay Community College, before eventually deciding that college life just wasn't for him. Looking for direction and a sense of belonging, David enlisted in the United States Marine Corps, alongside his close friend Jay Steves, through the Corpse Buddy program. In this clip, Jay reminisces about his lifelong friendship with David that first began when the two were just children. Well, we played David and I played Little E together.

Jay Steeves :

We hung around, you know, weekdays, weekends, all from grade school, not grade school, but you know, junior high, all the way up through high school, then through the Marine Corps, and we'll get out of the Marine Corps. We had a lot of good times, a lot of hit a pool table in the basement, and even though we shouldn't have, we had a few parties in that basement, we got in trouble a few times there, but it's a good time.

Remi:

The Marine Corps Buddy Enlistment Program, aka the Buddy Program, allows two or more people to enlist together and go through boot camp at the same time, often at the same training platoon.

Ashley:

I really like that because boot camp is, especially for the Marines, very, very intense. And a lot of times, the people that are enlisting are kids. They're 18, 19, 20 years old. For many, it's probably their first time away from home. So having a familiar face go through this with you, I think would really ease the experience for many.

Remi:

I totally agree. The idea is to help new recruits adjust to military life by having a friend or relative with them for support and motivation. Though there is no guarantee that they'll end up serving together. Both Jay and David were sent to the Marine Corps recruitment depot at Paris Island, South Carolina, where they began 13 grueling weeks of basic training, designed to push every new recruit to their absolute limits. The program combines intense physical conditioning, including running, swimming, obstacle courses, and martial arts, as well as rigorous marksmanship training. During this period, David's days were filled with drills and discipline, from precision marching to harsh inspections and teamwork exercises, along with academic lessons on Marine Corps' history, customs, ethics, and leadership, culminating in the Crucible, which is a 54-hour final test of endurance, teamwork, and survival. And this is why I will always have the utmost respect for anyone who serves in the military. I would not be able to get through this type of thing. After completing basic training at Paris Island and officially earning the title of U.S. Marine, David went on to serve in several posts around the world, including Panama, South Korea, and Guantanamo Bay, Cuba. During his service, David also completed the Marine Corps Elite Scout Sniper School, an intensive, highly selective program designed to train Marines in precision marksmanship, reconnaissance, and stealth. David's first overseas posting was to the U.S. Naval Base at Guantanamo Bay, Cuba, where he served with the Rifle Security Company, Windward Side 2nd Platoon, a 30-man unit led by squad leader Christopher Lee Valdez. David was assigned a job as perimeter security, guarding the fence line that separated the American base from Cuba. According to Cox, he became part of an unofficial group of Marines calling themselves the Ten, who prided themselves on toughness and loyalty, often pushing themselves through brutal off-the-books initiation tests. These unsanctioned endurance tests included running in full gear under 110-degree heat, doing endless push-ups or pull-ups until collapsing, and even hanging by hand from a 60-foot tower for a full minute.

Ashley:

These are definitely intense, holy shit.

Remi:

Also stationed at the windward side that year was private first class William Willie Alvarado, a 19-year-old Marine in the same platoon. While at Guantanamo, Alvarado wrote letters to a Texas congressman asking to be transferred off the base due to the harsh conditions and misconduct he'd witnessed by the other Marines, which included firing their rifles across the fence line into Cuba. Alvarado's grievances soon reached the desk of commanding officer Colonel Samuel Adams, who promptly denied Alvarado's transfer. Once word of Alvarado's letter got out to his fellow Marines, it was viewed by many, including his platoon's commander, as an act of betrayal for attempting to break the chain of command. In the following interview, Chris Valdez explains the implications of a conversation which allegedly took place between he and his commanding officer not long after. One night, the group known as the Ten decided to carry out what the Marines call a code red, which is an unofficial punishment in the form of a disciplinary hazing ritual that is strictly forbidden under Marine Corps policy. At around 1.30 in the morning, on a Sunday in September 1986, Cox and the other nine Marines entered Alvarado's room as he slept in order to carry out the Code Red. Alvarado's hands and feet were bound with tape, his mouth gagged with a pillowcase, and his eyes blindfolded before being mercilessly dragged from his bed. The plan was to shave Alvarado's head as a form of humiliation, but just as Cox pulled out the set of clippers, something went terribly wrong. Alvarado suddenly started coughing up blood as his lungs filled with fluid, causing him to choke and soon turn purple as he slipped into unconsciousness. The Marines immediately stopped the attack and called for help. Alvarado was rushed to the base infirmary, then airlifted to a hospital in Miami, Florida. Thankfully, he survived, and doctors confirmed that he wouldn't suffer any lasting injuries. However, because the incident had nearly killed him, it was treated as an attempted murder and aggravated assault, and within hours the ten admitted to what they had done and were all arrested on the spot. After the attack, the Marine Corps moved quickly, with all ten men being given a choice. They could either accept a plea bargain of being dishonorably discharged from the corpse, with no criminal charges and no prison time, or they could go to court martial to face charges of attempted murder and conspiracy to commit murder, and risk spending the next several years of their lives in a military prison. Seven of the ten took the plea deal, including their platoon leader, Christopher Valdez. Valdez was also the only one who succeeded in having his dishonorable discharge upgraded to honorable later on.

Ashley:

Fuck that. He's one of the ones that ordered it, if not the one. And he's the only one that gets honorable. That is just wrong.

Remi:

David Cox and two other Marines, however, refused the offer, insisting that they had just been following orders and never intended on killing anyone. Cox was assigned a young Navy JAG attorney named Donald Marcari, and together they built their defense around Cox's assertions of an implied order to carry out the code red. In the following clip, Donald Macari recounts the challenge of proving in court that a directive was passed down through the chain of command without any written proof.

Donald Marcari :

And plus we had a colonel denying he ever gave an order. So we had the additional burning of now saying he was following an implied order. And it was a very difficult case to win.

Ashley:

And when he said it was not successful at Nuremberg, he is, of course, referencing the Nazi trials.

Remi:

During the court martial, Private William Alvarado took the stand and testified against the Marines who had attacked him. The trial lasted four days, and in the end, David Cox and the two others who had refused the plea deal were all acquitted of both attempted murder and conspiracy. Cox was found guilty of the lesser charge of simple assault and sentenced to 30 days in the brig, but since Cox had already served 38 days while awaiting trial, his sentence was marked as time served. David Cox went on to complete the remainder of his enlistment, reaching the rank of corporal and was honorably discharged in September 1989. Of the seven Marines who accepted the plea bargain, some were represented by a young Navy JAG attorney named Deborah Sorkin, who was a recent graduate of Boston University School of Law. Before leaving for Guantanamo, Deborah phoned her brother, Aaron Sorkin, who, as Ashley mentioned, was working as a bartender at the time. Deborah told Aaron all about the case and how she was heading to Cuba to defend a group of Marines who had nearly killed a fellow Marine in a hazing ritual which had been ordered, or at least implied, by a superior officer. After the call, Aaron Sorkin began scribbling ideas on a cocktail napkin, which would later be transcribed into a story which became the play, A Few Good Men. Meanwhile, David Cox, the real Marine whose story had inspired it all, returned home to Massachusetts after leaving the corpse. In the years that followed, David moved in with his girlfriend, Elaine Tinsley, in the town of Natick, working a string of civilian jobs, from collecting trash to bartending, taking whatever he could find while searching for something more permanent. By December 1992, Castle Rock Entertainment released the film version of A Few Good Men, and it quickly became one of the decade's defining courtroom dramas, being both a critical and box office success while simultaneously launching Aaron Sorkin's screenwriting career. For David Cox, though, the film hit very differently. He believed that the movie twisted the truth of what happened at Guantanamo, turning he and his fellow Marines into villains instead of soldiers following orders. Elaine Tinsley recalled David's reaction to seeing the film during the following interview.

Elaine Tinsley:

David's reaction was that he was stunned. The anger came a little bit later, because here was his movie um company that was making tons, millions of money off of his story. And if it weren't for him, the story never would have existed to be in the first place.

Remi:

David grew increasingly frustrated after a few good men hit theaters, feeling that others had taken his story, changed the details, and turned the defining event of his life into their own success. To David, the film wasn't just inaccurate. It painted him in a bad light. And more than anything, it felt like a violation of his privacy.

Ashley:

I don't know if I agree with David here that the movie painted the two Marines on trial in a bad light. I think it made them very sympathetic in a situation that is very hard for people that haven't been in the military and understand how serious it is to obey orders, understand.

Remi:

I think he was primarily upset that the film chose to portray him and his fellow Marines as causing the death rather than injuring the person and having him go on to a full recovery. Additionally, David wondered how the writers had even gotten access to his court-martial transcripts in the first place, believing that those records were never meant to be public. Later on, the Boston Globe would reveal that writer Aaron Sorkin did obtain a copy of the transcript from the court-martial proceeding while writing the script for a few good men. But if what David said is true, how could this have happened? Well, in a military court martial, parties and counsel are allowed to purchase certified copies from the official court reporter. Given that Aaron Sorkin's sister, Deborah, had served as a Navy JAG lawyer, connected to the case, she was likely able to provide him with a legitimate pathway to accessing the transcripts. So this information is available to those seeking it. Whatever the route, the fact remained that someone had gotten those records, and Cox believed that his story had been taken without consent. David wasn't the only one who felt that way, though. In 1994, five other Marines involved in the Guantanamo incident, Kevin Palermo, Ronald Peterson Jr., Brett Bentley, Dennis Snyder, and Christopher Lee Valdez, all decided to take action. They hired attorney Gary Patterson and filed a lawsuit in Texas State Court, accusing Castle Rock Entertainment and other Hollywood studios of using their real story without permission.

Ashley:

I think the other five are just kind of jumping on the bandwagon here.

Remi:

The group initially sought $10 million in damages, but the case quickly faded. Industry reports at the time said that the studios dismissed the lawsuit as without merit, and no record of a settlement or payout was ever found. In the end, the case ultimately went nowhere significant. On the morning of January 5, 1994, David Cox was at home in Natick with his girlfriend Elaine Tinsley, who was getting ready to leave for work. David had slept on the couch that night because his back was bothering him and was still half asleep when Elaine woke him to say goodbye. At the time, David was working a temporary job at United Parcel Service in Somerville, Massachusetts, but had applied for a full-time position and was expecting a call later that day to find out if he had gotten it. Elaine left the house at approximately 8 30 AM. When she called home at noon, there was no answer. Checking the voicemail, she heard a message from David's supervisor at UPS, offering him the full-time position he had been waiting for. She tried calling again at 1 p.m., but there was still no answer. When Elaine finally returned home later that evening at around 5.30 p.m., David's 1988 Ford truck was still parked in the driveway. The moment she stepped inside, she could instantly tell that something was wrong. All of the interior doors were open, and their pet rabbit was running loose through the house, but David was nowhere to be found. She soon noticed that his marine camouflage field jacket was also missing, a jacket that she and his family insisted that he almost never wore. Worried, Elaine started making calls to David's friends and family, but no one had seen or heard from him. The situation became even more worrisome when she went outside to check David's truck. His keys were still in the ignition, an uncashed paycheck was sitting on the dashboard, and his 9mm handgun, which he always kept close, was still locked inside the glove compartment.

Elaine Tinsley:

He always came across as like so much larger than life that you It didn't really cross my mind at that point that he would use dead. He had thought at that time that maybe he had run away or something like that, which was no In hindsight it didn't make sense because all his stuff was there.

Remi:

The next day, January 6th, 1994, there was still no sign of David. He hadn't come home, he hadn't called, and he hadn't contacted any of his friends or family. That morning, Elaine went down to the Natick Police Department and officially filed a missing persons report. In the days that followed, police organized extensive searches through the nearby woods and along the Charles River, but ultimately came up empty-handed. David's family even tried reaching out to local news stations, pleading for any information that may help find him, but no one came forward. There were no leads, no tips, and no trace of David Cox. Nearly four months later, on April 2, 1994, the long New England winter had finally started to thaw. A man was canoeing down the Charles River about five miles from David Cox's apartment in Natick when something unusual caught his eye. A white sneaker was sticking out from the brush along the riverbank near Medfield, Massachusetts. When he paddled closer, he discovered the body of David Cox lying in a wooded area more than half a mile from the nearest road. The location was remote, quiet, and situated between two hunting ranges, an area where gunfire was common and unlikely to raise any suspicion, leading investigators to believe that the killer had chosen the spot intentionally. The medical examiner's report confirmed that David had been shot four times execution style. The first bullet entered the back of his neck, and three more were fired into his left torso. Three nine millimeter shell casings were also recovered by the police at the scene. Despite David's family insisting that David never wore his military gear in public, he was found dressed in his marine-issued camouflage field jacket and his scout sniper hoodie, along with his wallet and cash still intact. Investigators also questioned why David had walked that far into the woods wearing sneakers when eight inches of snow had fallen the day before.

Ashley:

Uh, because he was forced to at gunpoint?

Remi:

Well, yeah, I think that's pretty obvious, but they're trying to consider every scenario here. From the very beginning, detectives believed that David had known his killer and had gone willingly with someone he trusted.

Ashley:

I don't think so. Why would he have left all of the doors open to his house and the keys in the ignition?

Remi:

This is a very strange mystery here. A lot of the stuff just doesn't add up. So this one is really a head scratcher to me. I have no idea what happened. To this day, no one knows who pulled the trigger, and the murder of David Cox remains unsolved. After David's body was found, his brother Stephen began to wonder if the answers might be connected to David's time in the Marine Corps and how outspoken he'd been about what really happened at Guantanamo Bay. Friends recalled that David had seemed nervous in the months leading up to his death, worried that he may have angered someone by talking too openly about the case and the way the military had handled it. Detectives did look into a possible connection, but no physical evidence or witness statements ever linked David's murder to his time in the Marines. There were other possibilities too. Elaine and several of David's co-workers remembered him saying just a few months earlier that he thought two employees at UPS were stealing packages, and he was considering reporting it.

Ashley:

Maybe people have killed for less, but that seems like not a serious enough crime or punishment to literally kill someone over.

Remi:

I totally agree with you, but some of his friends did wonder if maybe he confronted the wrong person, or maybe someone had lured him under false pretenses. Police interviewed several UPS employees, but found no evidence connecting anyone at the company to the crime. David's sister Christine doesn't believe his murder was related to the military or to his job at UPS, but she does think it looked professional, carefully planned, and definitely not random. Investigators eventually found out that David had a small gambling debt of around $1,100, which is roughly $2,400 today when adjusted for inflation. This was soon ruled out as a possible motive, since the amount was too small and David had enough in his bank account to pay off the debt at the time of his disappearance.

Ashley:

Even if he had enough to pay it off at the time, the fact that he owed money could mean he might have owed money before this, had done something to piss off the people he owed money to, and this could have just been them trying to make an example out of him.

Remi:

On February 16th, 1996, David's murder was featured in season 8, episode 15 of Unsolved Mysteries. In the more than 25 years since David Cox was murdered, there have been very few developments. There are no suspects, no clear motive, and investigators have admitted that the case went cold almost immediately.

Ashley:

And really no evidence to use.

Remi:

In February of 2019, two Massachusetts state police officers, Sergeant John Fanning and Trooper Yuri Bucknick, both former Marines, announced plans to reopen the investigation, believing that modern forensic technology could uncover new evidence and details impossible to detect back in 1994.

Ashley:

Love and the optimism, guys.

Remi:

Well, it may only be a small glimmer of hope, but as technology advances, there is still a chance that someday the truth about what happened to David Cox will finally come to light. And that was the true story of Rob Reiner and Aaron Sorkin's A Few Good Men. Do you have any initial reactions, Ashley?

Ashley:

I can think of one person who had the clearest of motives. Aaron Sorkin. His career is on the line here.

Remi:

I can see it. You will not send me back to bartending.

Ashley:

But in all seriousness, what a tragic end for David Cox. Unsolved Mysteries, I'm just fascinated by that show because so many of the cases on there, since they've moved to Netflix, they've gotten some paranormal episodes that I skip. But a lot of the cases on there, they are just head scratchers. Like, who killed this guy? At the beginning, when you started, I was like, he probably killed himself. And then when you got to the fact that the doors were open, the keys were left in the ignition, his gun was left behind. It seems like someone abducted this guy and then shot him execution style in the middle of nowhere. But who?

Remi:

Like you said, it is a mystery. I definitely think that it was planned out. Clearly, this person knew where they were going to take David to carry this out in between two gun ranges so as to not raise any suspicion. I can only imagine that maybe David had some things going on behind the scenes that his family and friends were unaware of, and maybe he pissed off the wrong person. But I don't think it's connected to the Marines or UPS.

Ashley:

It has to be something like that, because this is very meticulously planned and nothing was really left behind. Another question I have is: what did you think about the lawsuit? Do you think David Cox deserved some money from this? Because he is clearly Dawson in the film.

Remi:

In the eyes of the law, no. A lot was altered, enough that would most likely get the writer off the hook in most cases. The names were changed, the ending was changed, a lot was changed. Despite most of the story being David's, they still reshaped it enough so that there's not much of a case there. Now, if they had used his name and the exact situation, that's very different, but Sorkin did take liberties, which ended up saving him in the end from this lawsuit.

Ashley:

Morally, do you think he deserves some money? Some of that $240 plus million dollars the studio got from the film?

Remi:

Morally, I think that Hollywood needs to definitely start paying people whose stories or ideas they have taken in any way and give them some sort of compensation for it. This is clearly David's story, and I'm not saying give him $10 million, but I think at the least he should have gotten something. I mean, this is his story, despite the changes of the names and the crime itself.

Ashley:

Yeah, $10 million is a little steep. I get it would have been split between like six people, though, but still, that's that's a hefty price tag.

Remi:

I think they were probably hoping it would be settled out of court, but it was not.

Ashley:

Well, I am eager to get into our verdict, but before we get there, let's do our objection of the week, which is the most superfluous change between the real story and the film adaptation.

A Few Good Men Clip:

Your Honor, I object! And why is that, Mr. Reed? Because it's devastating to my case! Overrule. Good call.

Ashley:

I think you started last week, so I'll start with this one. The one that stood out to me is that in your story, the Marines entered the room of Alvarado at 1.30 a.m. In the film, it was midnight.

Remi:

I had written a bunch of things down, but they were all bigger than that one, and that was the one that I was gonna use for my objection of the week as well. So I'm just gonna give you this one.

Ashley:

It's a tie. Other than that, there really wasn't any small changes. I'm in the Same boat where a lot of my changes were big things that would be too large for our objection of the week. The only other one I wrote down was that in your story, Alvarado wrote letters to a Texas congressman, whereas in the movie, he's kind of writing letters to all of these different military agencies, including the NIS, which seems like you'd have a better chance of getting your request taken seriously by doing that than writing a letter to some random Texas congressman. So I get why that change was made.

Remi:

I had also written down that in the film it is only two people that carry out the crime, while in reality it was a group, literally called the Ten. And I also highlighted that in the film, Santiago was portrayed as being a poor soldier, while in reality, I didn't find any information that Alvarado was a bad soldier at all.

Ashley:

Well, these are much larger changes, so let's talk about these in our verdict.

Remi:

At the conclusion of each episode, our hosts will deliver a verdict based on the film's accuracy. If the film is an honest portrayal of the events, then it will earn a not guilty verdict. If the adaptation is mostly factual, but creative liberties were taken for the sake of entertainment, the film will be declared a mistrial. But if the film ultimately strays too far from the truth, then it will be condemned as guilty and sentenced to a life behind bars.

Ashley:

Remy, take it away.

Remi:

This one surprised me. I was shocked by how much of it aligned with the real life events. From the Guantanamo to the code red. So much of it was taken from the real story. However, they did change a lot. The real life victim did not pass away, in fact, he made a full recovery. The code red is not something that, from my research, is used routinely, like if someone has missed a shower or something like that. Of course, in the film there's two people and not ten, and just a lot of other little tweaks here and there that had me land on a mistrial for this one. It is more accurate than I had originally anticipated, and the framework of the true events is there, but they did change a lot for dramatic purposes, and as the announcer says in our description of what a verdict is, if liberties were taken for dramatic purposes, it lands in a mistrial, and that is squarely where this film is in my eyes. What about you, Ashley?

Ashley:

I was also very shocked about how many similarities there were. Going off of the things you listed, they were guarding the fence line in Cuba, they were accused of firing their guns illegally over lines. Alvarado asked for a transfer and offered to share this information. The platoon commander gave the order. Even the classifications of most of the people in this story were as they were described in the movie. The month of the code read was right, their plan to shave the head, when and how and why they stopped, the defense strategy was the same. A lot of similarities. I was very, very surprised. Despite those similarities, I also have to agree with you and go with a mistrial just because the things they changed were huge things. The fact the guy died in the movie and he survived or made a full recovery in real life, the fact that it involved 10 and not two, and the fact that they weren't dishonorably discharged, all those things landed it in a mistrial for me. But it was pretty close. If even one of those things, one of those major things, if there was 10 people or something, which would have been hard for the movie, or if the victim in the movie didn't die, this would have been a not guilty for me.

Remi:

Well, the film did also add a suicide that did not occur in real life.

Ashley:

Sure, sure, sure. Yes, that definitely was a big liberty taken. But on the other hand, who knows what all was brought up during this trial? We didn't submit a FOIA request to get the court transcript. So we don't know if there's some of these other allegations that were made against the commanders or things like that. Do I think that someone in real life tampered with flight plans or made false transfer orders? No. But there might have been other shady shit going on down there.

Remi:

And Sorkin did have the transcripts from the trial, so I would assume he did incorporate at least a few aspects of those into his script.

Ashley:

Well, I am pleasantly surprised, and if I've learned anything from this week's episode and last week's episode, I'm just gonna stop trying to predict what our verdict will be because I have gotten it wrong from what I was assuming going into it two weeks in a row now.

Remi:

You can't go in with any preconceived notions. I've found that to be true several times on this podcast where I was positive it would end up going one way, but the true story lined up way more than I ever expected. Which could be the case two weeks from now, when we cover our next film. Ashley, you brought up Mr. Clint Eastwood earlier. Well, we will be covering a Clint Eastwood film next time, Midnight in the Garden of Good and Evil. This is the first Clint Eastwood film we will be covering on our podcast. It also stars John Cusack, who we discussed in Frozen Ground, and a very controversial actor, Mr. Kevin Spacey. But we can get into more of that in our next episode.

Ashley:

And if you're just itching to get a little taste of Midnight in the Garden of Good and Evil, we will, of course, be playing a trailer or portion of the trailer at the end of this episode.

Remi:

And if you guys are enjoying what you're hearing here today, or any of the other weeks, tell a friend, leave a five-star review. All that stuff helps the algorithm. Yada yada yada. And until next time, everybody, court is adjourned.

Midnight in the Garden of Good and Evil trailer:

From Academy Award winner Clint Eastwood.

A Few Good Men Clip:

Looking for something?

Midnight in the Garden of Good and Evil trailer:

An invitation. Now sit back, relax, enjoy your brandy, and tell me your lap story, John Kelso. To a quiet community. Jim suggested that I introduce you around. Chablin's a pretty name. The Lady Chaplin. I got it off a wine bottle. A cool white wine for a cool black girl. This place is fantastic. It's like going with the window and messing.

Elaine Tinsley:

Billy was a very accomplished husband.

Midnight in the Garden of Good and Evil trailer:

The scene was contrived, execution style. I'm innocent, John. You believe what you choose. And I'll believe what I know. Midnight in the garden of good and evil.

Contributor

Ashley

Host
Contributor

Remi

Host