Writer in Belushi Case Jailed After He Defies Judge

Free-lance writer Christopher Van Ness was handcuffed and led off to Los Angeles County Jail on Wednesday after persisting in his refusal to turn over a tape recording and to answer prosecution questions about his 1982 interview with Cathy Evelyn Smith concerning the death of comedian John Belushi.

Los Angeles Municipal Judge James F. Nelson ordered a week-old contempt sentence carried out after reiterating at an afternoon hearing that Van Ness, as a free-lancer, has no protection under the California newsman’s shield law. The action came after Superior Court Judge Robert R. Devich on Wednesday morning denied Van Ness’ request that the contempt order be vacated.

The Los Angeles-based writer’s attorney, Clinton T. Bailey, later filed a writ and an appeal before the state Court of Appeal in an attempt to keep his client out of jail. But the court took no action on the motion Wednesday.

Van Ness, 40, could serve a maximum of 10 days in jail and be fined $1,000, unless he reconsiders his refusal to comply with the court order.

Nelson, however, indicated that he would cut short the five-day portion of the sentence concerning production of the tape if Van Ness arranges, while in jail, to have the recording placed in the custody of his attorney.

As he was led down a court hallway to a holding cell, the glum-looking Van Ness--who has repeatedly maintained that he is covered by the shield law designed to protect reporters from revealing confidential material--refused comment.

Bailey, however, said, “I think it’s an unfortunate situation where we have a journalist sitting in jail waiting to see if he has any rights. He’ll probably serve more time in this case than Cathy Smith.”

Nelson said it was “regrettable” that he was forced to jail Van Ness. But the judge emphasized that the writer’s argument is with “the language of the (shield) statute itself.”

The law, Nelson said, “is still alive and well” for full-time employees of news-gathering agencies.

Prosecutors, who are seeking a second-degree murder conviction, have argued that the 20-minute tape is crucial evidence in Smith’s ongoing preliminary hearing, which will determine if she must stand trial.

Smith, 38, a former backup rock vocalist, was indicted by a Los Angeles County Grand Jury in March, 1983, eight months after the National Enquirer published an article headlined: “I Killed John Belushi.” The article was based on taped interviews in which Smith was quoted as saying she accidently killed the actor in March, 1982, by injecting him with drugs.

Nelson has already ruled that only limited portions of the Enquirer’s taped interviews can be used as evidence, since the tabloid’s interviews were conducted “in an atmosphere that can best be described as one of levity.”

In the 20-minute Van Ness tape, Smith purportedly appears more sober and candid, according to prosecutors. A small portion of the tape was turned over to authorities by an NBC reporter after it had been used on a news broadcast. Nelson said he would listen to that fragment and decide before the next court session, scheduled for Nov. 12, whether it can be admitted.

Deputy Dist. Atty. Eldon S. Fox said prosecutors would attempt to “ferret out the tape” via search if Van Ness serves his entire sentence, unless an appeals court rules that the recording is confidential.