Smith Interviewer Cited by Judge : Writer Refuses to Turn Over Tape About Belushi’s Death

A Los Angeles free-lance writer was held in contempt of court Thursday and sentenced to 10 days in jail after he refused to turn over a 1982 taped interview with Cathy Evelyn Smith in which she allegedly said she injected comedian John Belushi with drugs shortly before he died of an overdose.

Los Angeles Municipal Judge James F. Nelson, however, delayed the sentence--which also included a $1,000 fine--to Oct. 7 so writer Christopher Van Ness can appeal Nelson’s ruling to a higher court.

“I’m very pleased,” said Van Ness, 40, as he left the courtroom. “We’ve believed all along this matter would be decided at the appellate level.”

Van Ness’ tape, which he says is stored in his home, is deemed by the prosecution to be “absolutely critical” to the second-degree murder case against Smith, now in its preliminary hearing stage, according to Deputy Dist. Atty. Michael J. Montagna, who is seeking the tape.

Montagna said after Thursday’s court session that he needs the 20-minute recording to verify a transcript that was presented to the Los Angeles County Grand Jury that indicted Smith in March, 1983. Montagna said the transcript includes a statement by Smith that she injected Belushi with drugs 20 times in the last 24 hours of his life in March, 1982.

Van Ness’ continued refusal to turn over the tape--or to answer 24 prosecution questions concerning his interview with Smith--came two days after Nelson ruled that Van Ness has no protection under the California newsman’s shield law, which protects journalists from having to reveal confidential material.

Agreement Reached

Early Thursday morning, Van Ness’ lawyer, Clinton T. Bailey, sought a Los Angeles Superior Court order to delay Nelson from issuing his contempt ruling. But instead, Bailey said, an agreement was reached between Nelson and Superior Court Judge Michael A. Tynan that Nelson would hold off imposing sentence to allow Van Ness time to appeal.

Outside the courtroom later, Van Ness criticized Nelson’s ruling that biographers, novelists, historians or free-lance writers cannot be considered journalists. “If the judge is right, then what have I been doing for the last 17 years?” asked Van Ness, who claims to have made his living by writing features and book reviews for magazines, corporate house organs and daily newspapers for almost two decades. Van Ness refused to comment on whether he will go to jail rather than turn over the tape if his appeal fails.

In issuing the ruling, Nelson said that even if Van Ness were to be considered a newsman, he waived his right to refuse to testify by having talked before the grand jury.

Smith, 38, was indicted eight months after the National Enquirer tabloid newspaper published an article headlined, “I Killed John Belushi,” based on interviews with Smith. Van Ness claims that the Enquirer article was prompted by his interview with Smith, and the Enquirer claims the article was based solely on its own reporters’ work.

Nelson ruled this week that only limited portions of the Enquirer’s taped interviews with Smith could be admitted into evidence because the interviews were conducted “in an atmosphere that could best be described as one of levity.”