Pubdate: 12 Nov 1998 Source: San Jose Mercury News (CA) Contact: http://www.sjmercury.com/ Copyright: 1998 Mercury Center Author: Brandon Bailey, Mercury News Staff Writer SCU LAW PROFESSOR TACKLES ANOTHER HIGH-PROFILE ISSUE For his role on O.J. Simpson's controversial criminal defense team, Santa Clara University law Professor Gerald Uelmen drew a measure of national attention -- and a handful of letters from alumni who thought he brought disgrace on the school. Wait 'til they hear he's joined the battle over medicinal marijuana. ``I love a good fight,'' says Uelmen, 58. In the next few weeks, the generally soft-spoken professor will be helping the Oakland cannabis cooperative appeal a federal shutdown order. He'll also try to persuade a Santa Clara County judge to throw out criminal charges that local prosecutors brought against San Jose medicinal marijuana club co-founder Peter Baez. Last week, voters approved ballot measures allowing marijuana-smoking for medicinal purposes in Alaska, Arizona, Nevada, Oregon and the state of Washington. But even though California voters approved a similar initiative two years ago, the issue is still a legal minefield. The Oakland case in particular is part of a federal action that could determine the future of medicinal marijuana in this country. ``From my perspective, it was going to be a cutting-edge, intellectually challenging case,'' Uelmen says of his decision to help marijuana club operators resist the federal crack-down. On top of that, he added during an interview at his modest university office, ``I had a lot of sympathy with what they were trying to do.'' Known as `The Cobra' Uelmen's office is decorated with books, papers and cobra statuettes. ``The Cobra'' was Uelmen's nickname when he was a federal gang-buster decades ago, prosecuting organized crime and gambling cases. These days, he's better known as a liberal academic and advocate for the defense. As a professor and former dean of the Santa Clara University law school, Uelmen has published both scholarly texts and newspaper commentaries on constitutional issues and the state Supreme Court. He's defended affirmative action and criticized the death penalty. But the cause that brought him to national attention, at least for a short while, was the televised O.J. Simpson trial that millions watched with bizarre fascination. For some critics, the Simpson trial fit all the stereotypes of a legal system subverted by money, race and grandstanding. Uelmen, who concentrated on issues of evidence and constitutional law, was usually overshadowed by more flamboyant members of the so-called ``Dream Team'' defense. Yet some of the notoriety stuck. Even today, some of Uelmen's students shake their heads sheepishly when the case comes up. But despite a few alumni complaints, students and colleagues say they endorse his off-campus forays. ``The university supports faculty engagement in major issues confronting society,'' said Provost Stephen Privett. He added: ``Jerry is passionately committed to the advocacy system. He's going to make the system prove itself.'' Though Uelmen clearly relished the legal battles in the Simpson case, he says that wasn't the only benefit. Since the trial ended, he's published both a personal memoir and a textbook -- ``The O.J. Files: Evidentiary Issues in a Tactical Context.'' It's easier to teach rules of evidence, Uelmen says, when students are already familiar with the case. ``Being out in the courtroom,'' he adds, ``makes me a better law professor.'' Proud to be involved His latest opportunity came early this year, when the attorney for a Santa Cruz medicinal marijuana club invited him to help fight the federal government's effort to shut the program down. ``I'm really proud to represent people like this,'' Uelmen told a group of SCU students who gathered to hear him discuss both cases during a lunchtime session on public interest law. ``They're the kind of heroes who bring change in society, by being willing to get out in front of an issue.'' Many involved in the medicinal marijuana issue say they're motivated by personal experience with friends or relatives who have suffered from cancer or AIDS. That's not the case with Uelmen. But as a longtime critic of other federal drug policies -- such as the unequal prison sentences handed out for crimes involving crack and powder cocaine -- Uelmen said he's been skeptical of the government's unwillingness to tolerate marijuana use for medicinal reasons. He contends that federal policies are too often driven by politicians' fear of doing anything that could be labeled as ``soft on drugs.'' By enacting Proposition 215 in 1996, California voters approved the use of marijuana by patients with a doctor's recommendation. But the Clinton administration says distributing marijuana is still a crime under federal law. The government filed suit in March to shut down distribution centers in Oakland, Santa Cruz and three other cities. South Bay officials, meanwhile, had pledged to work with Peter Baez and Jesse Garcia when they opened a medicinal marijuana clinic in San Jose. But relations soured when Santa Clara County authorities charged Baez with selling marijuana to patients without a doctor's recommendation, running a drug house and committing grand theft. Uelmen joined the lawyers representing the Oakland center after the Santa Cruz club decided to close. A short time later, a university colleague approached him on behalf of folk singer Joan Baez, who was looking for legal counsel to help her cousin Peter. Following the Simpson model, Uelmen has again joined forces with some high-powered courtroom gladiators. In the Oakland case, he and marijuana club attorney Robert Raich have teamed with James Brosnahan, a leading San Francisco litigator. For the Baez case, Uelmen recruited Thomas Nolan of Palo Alto, one of the top-ranked defense lawyers in the South Bay. While some of his expenses are covered by grants and donations, Uelmen said he's charging ``substantially less'' than his usual rate of $350 an hour. Complementary skills Veteran attorneys say it makes sense for Uelmen to work with experienced trial lawyers, whose practical skills complement his knowledge of legal precedents and theory. But the lineups in both cases have already prompted derisive references to so-called ``Dream Teams.'' After the Baez team missed a routine court appearance last month, thanks to a scheduling mix-up, Assistant District Attorney Karyn Sinunu quipped: ``I think the Dream Team fell asleep.'' Still, she praised both Uelmen and Nolan, while saying she has no doubt her office will prove Baez violated the law. Her biggest worry, Sinunu said, is that jurors will be tempted to acquit Baez out of sympathy for the defendant and the social issues behind the case. While Uelmen agrees Baez and his clients have a sympathetic story, he contends the defense will show Baez acted lawfully under Proposition 215. The trial could have some fireworks, if the defense is unsuccessful in getting the case thrown out of court next month. Uelmen said he may subpoena Mayor Susan Hammer, former Police Chief Lou Cobarruviaz and other city officials to testify about the city's policy toward cannabis clubs. Unusual approach In the Oakland case, meanwhile, the defense team has already tried a novel tactic. Citing a legal provision that lets narcotics officers handle drugs as part of their duties, the attorneys asked city officials to deputize marijuana club workers as ``officers of the city.'' The city council supported the move, but federal Judge Charles Breyer said he wasn't persuaded. Last month, Breyer ordered the Oakland club to shut down. Uelmen and his co-counsels are now drafting papers for the court of appeal. Though he acknowledged their arguments are untested and ``creative,'' Uelmen said he hopes they will persuade the court to carve out some new guidelines that would allow medicinal marijuana centers to operate on at least a limited basis. ``We're certainly fighting an uphill battle,'' he conceded. But that seems to be OK with him. - --- Checked-by: Pat Dolan