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