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Suspect in Belushi Death Returns to L.A., May Bargain

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Times Staff Writer

Cathy Evelyn Smith, the Canadian woman indicted for murder in the 1982 drug death of comedian John Belushi, returned to Los Angeles on Tuesday after agreeing to plead guilty to a reduced charge of involuntary manslaughter, a prosecutor said in court.

Deputy Dist. Atty. Michael J. Montagna disclosed the agreement as the 38-year-old Smith appeared before Los Angeles Superior Court Judge Robert R. Devich and was ordered held on $50,000 bond.

Montagna said the plea bargain was worked out through her Canadian attorney, Brian Greenspan.

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Outside the courtroom, Smith’s Los Angeles attorney, Howard L. Weitzman, cast some doubt on the agreement.

‘A Different Viewpoint’

“There was an agreement in principle. The details have not yet been worked out,” said Weitzman, who defended auto maker John DeLorean in his cocaine trafficking case.

“I may have a different viewpoint than Mr. Greenspan or Mr. Montagna with respect to how I think the case should be resolved. I cannot tell you one way or another if she is going to enter a guilty plea.”

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But, he added, “I would think this case would not proceed to trial. I am hopeful that it doesn’t.”

Earlier in the day, Smith flew to Los Angeles from Toronto in the company of a Los Angeles police homicide detective and a U.S. marshal.

She was driven to the Los Angeles Police Department’s Hollywood Division station, where she was formally booked on suspicion of murder and of furnishing cocaine and heroin to Belushi on 13 occasions.

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Then she was escorted to the Criminal Courts Building downtown, where she appeared before Devich with Weitzman. He set her bail and scheduled a formal arraignment for next Monday.

Gave Him ‘Speed Balls’

A former backup vocalist and longtime companion of folk singer Gordon Lightfoot, Smith was indicted in Belushi’s death by the Los Angeles County Grand Jury in March, 1983, a year after the portly 33-year-old comedian was found dead of a drug overdose in a $200-a-day bungalow at the Chateau Marmont Hotel in West Hollywood.

In a subsequent interview with reporters for the National Enquirer, Smith was quoted as saying that, at Belushi’s request, she administered several “speed balls”--injections of cocaine and heroin--to the entertainer in the hours before his death on March 5, 1982.

Belushi had been one the stars of the original “Saturday Night Live” television program and of several films, including “Animal House,” “Neighbors” and “Continental Divide.”

Smith had returned to Toronto before the indictment was handed up and had been fighting extradition.

Montagna said in court Tuesday that Smith agreed to abandon that fight and to return to Los Angeles voluntarily about 10 days ago, after her Canadian lawyer, Brian Greenspan, and the district attorney’s office reached a plea-bargain agreement.

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Under that accord, Montagna said, his office agreed to reduce the charge of second-degree murder to involuntary manslaughter and to drop 10 drug-furnishing charges. In return, Smith agreed to return to Los Angeles and plead guilty to the remaining charges, Montagna said.

If she does enter guilty pleas as outlined by Montagna, Smith could face up to eight years and eight months in state prison, he said. Second-degree murder carries a penalty of 15 years to life in prison.

Montagna told reporters his office made no agreement on sentencing.

The deal between Smith and Los Angeles prosecutors had been pending for more than a year, Montagna said, but did not receive final approval from top officials of the district attorney’s office until 10 days ago. Dist. Atty. Ira Reiner, who took office Dec. 3, made the decision, prosecutors said.

Outside the courtroom, Weitzman said Smith should not go to prison. He characterized his client as a victim.

“She clearly didn’t intend to murder anybody,” Weitzman said. “In my opinion, the real culpable individuals in all of this are the people who continued to give Mr. Belushi money, knowing where that money was going. . . .

“Cathy Smith was just in the position of being one of the people around Mr. Belushi who basically did what he asked her to do.”

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