Smith Must Stand Trial in Belushi Death

Cathy Evelyn Smith, a former backup singer, rock groupie and heroin addict, must stand trial on a charge of second-degree murder in the 1982 drug overdose death of comedian John Belushi, a judge ruled Monday.

“Surely Mr. Belushi issued the invitation to this dance,” said Los Angeles Municipal Judge James F. Nelson of Belushi’s last five days, which, according to court testimony, were largely spent taking drugs with Smith.

“But it was an inherently dangerous dance,” the judge added, “and the Legislature has provided that the price for the piper in these instances is high.”

Nelson also ordered Smith, 38, to stand trial on 13 felony charges of furnishing or administering heroin and cocaine to Belushi. If convicted of all charges, she could face a maximum sentence of 25 years to life in state prison, said Deputy Dist. Atty. Michael J. Montagna, one of the two prosecutors.

For the first time, a Belushi relative attended Smith’s court proceedings. After Nelson announced his ruling in the preliminary hearing, Pamela L. Jacklin, an Oregon attorney and the sister of Belushi’s widow, said, “I think the judge was short and eloquent and I do hope it will get resolved soon, one way or the other.”

Jacklin said her sister, Judy Jacklin, “has distanced herself from these proceedings, as has the family, because of the pain over John’s death.”

However, Pamela Jacklin said that she was asked by her sister to attend the final arguments because Judy Jacklin “wanted people to know that despite the fact that the outcome . . . can’t lessen the loss, it is important.”

Montagna, speaking outside court, called Nelson’s ruling “right on the money.”

However, Howard L. Weitzman, one of Smith’s two lawyers, told reporters, “It just seems to me an absolute tragedy. . . . I don’t know why they don’t let John Belushi rest in peace.”

Canadian Citizen

Smith, a Canadian citizen, listened intently, resting her chin on a clenched right fist, as Montagna argued that she was legally responsible for Belushi’s death on March 5, 1982, at the Chateau Marmont hotel in Hollywood. Tears welled in her eyes as she left the courtroom, refusing to speak to reporters.

Nelson’s ruling followed 11 days of testimony, which began Sept. 9, from 17 witnesses,

Montagna and Deputy Dist. Atty. Elden S. Fox argued that Nelson should hold Smith for trial under the legal theory of second-degree felony murder. The theory holds that anyone convicted of an inherently dangerous felony during which a death occurs can be found guilty of second-degree murder, even if that person did not intend to kill. In this case, the dangerous felony was administering or furnishing narcotics.

The prosecution has never suggested that Smith tried to kill Belushi.

Agent of Death

Montagna and Fox tried to show that heroin was the agent that triggered Belushi’s death, that Smith was the sole supplier of the heroin that Belushi used during the last days of his life and that Smith was the only one who ever injected Belushi with drugs.

The Los Angeles County coroner’s office ruled that Belushi, who was 33, died of acute cocaine and heroin intoxication.

Two witnesses--former “Saturday Night Live” writer Nelson Lyon, 46, and former clothing store clerk Leslie Marks Moritz, 28--said they watched as Smith repeately injected Belushi with “speedballs”--mixtures of heroin and cocaine--in early March, 1982.

Also admitted into evidence were portions of two tape-recorded interviews that Smith gave after Belushi’s death.

In a June, 1982, interview with two National Enquirer reporters, Smith said that she maintained control of all the needles used to inject Belushi before his death; that the heroin was hers; and that she was with the comedian until at least 7:45 on the morning he died.

Accepted Blame

In an earlier telephone interview with free-lance writer Christopher Van Ness, Smith accepted blame for Belushi’s death, saying, “They’re probably right. . . . It’s all my fault.”

Smith’s lawyers, Weitzman and Scott S. Furstman, defended on two fronts.

First, they told Nelson, the prosecution had failed to prove that it was Smith who gave Belushi the fatal drug dose. They noted that two medical experts who testified had ruled out the possibility that an injection at 3:30 a.m.--the last injection that Smith has admitted administering--could have caused death.

Second, citing a recent California Supreme Court case, they argued that Smith was really not a drug furnisher. If anything, Weitzman and Furstman argued, Smith was guilty only of the misdemeanor of aiding and abetting Belushi in his own drug use. Under that theory, the most serious crime for which she could be held accountable would be involuntary manslaughter, which carries a maximum penalty of four years in prison.

Arguments Rejected

The judge rejected both arguments, saying that the defense had done “very little to dispel the strong suspicions of this court” that Smith is guilty. She remains free on $50,000 bail pending arraignment Dec. 10 in Los Angeles Superior Court.

Smith, who had lived in Los Angeles on and off during the late 1970s and early 1980s, returned to Toronto less than a month after Belushi died. She was indicted by the Los Angeles County Grand Jury in March, 1983.