CSULB professor faces day in court

By Rick Alonzo, On-Line Forty-Niner

Monday, October 5, 1998

Engineering professor Elena Zagustin deals with precision and order in her classroom. But according to police and prosecutors, her life away from Cal State Long Beach is in disarray.

The professor lives in Huntington Beach and has been charged with 95 misdemeanor counts of violating the city's fire, housing, health and safety codes. West Orange County Municipal Court Judge Brett London has set Zagustin's jury trial date for Oct. 15.

Her troubles stem from her home in the 16800 block of Morse Circle, within the city's exclusive Huntington Harbour community. Neighbors have long voiced complaints against what they say are disgusting conditions that have lowered property values in the area. Authorities said Zagustin does not have running water in the house. Neighbors said she has dumped buckets of human waste into her yard.

"I haven't been over [to Zagustin's residence], but from the people I've talked to it sounds like an absolute mess," said Mike Kelly, spokesman of the Huntington Beach Police Department. "It sounds to me by and large that the place is a dump. Those conditions are infringing on the rights of the neighbors."

But Zagustin's story is a different one. She claims the neighbors, city and police are out to make her life miserable.

"They keep harassing me," Zagustin said after leaving the courtroom. "It's really upsetting. I don't know what the city wants."

During recent years, neighbors have intensified efforts to oust Zagustin from her home if she refuses to clean up her property. Three inspections of her home in late 1997 through the summer of 1998 led to the charges. And those inspections, too, were met with resistance from Zagustin.

In a previous court hearing in 1997, Zagustin agreed to allow a judge to inspect her home, which she said had been cleaned up. But when the judge arrived, Zagustin had already locked her front door with padlocks and driven away in her vehicle.

Neighbor David Flynn, who has lived across the street from Zagustin for eight years, has been outraged at Zagustin's conduct.

"She's destroyed our neighborhood," Flynn said. "She should be in jail for what she's been doing to the city of Huntington Beach."

The trouble started for Zagustin in September of 1988, when she was arrested at the Huntington Beach police station. She had gone to the station to report a burglary and authorities discovered a warrant out for her arrest for failing to appear in Central Orange County Municipal Court in Santa Ana earlier that year.

Zagustin pled guilty and spent four days in jail, according to a chronological timeline of events presented to the city council by City Attorney Gail Hutton.

Santa Ana officials had cited Zagustin for several code violations at a house she rented in that city. After making the necessary repairs, she failed to appear in court to have the charges dismissed, then-code-enforcement supervisor Dave Hermanoe said.

Zagustin, who represents herself, has delayed the proceedings by filing lawsuits against judges and potential prosecutors. And during the hearing, she said she is filing lawsuits against London and Huntington Beach City Attorney Jennifer McGrath, who is prosecuting the case. McGrath said she did not know of any new lawsuits and needed time to look into the actions.

"Elena is a one-woman walking litigation nightmare," Flynn said.

Although Zagustin is allowed into her Huntington Harbour residence for brief periods of time to gather belongings, McGrath said the professor cannot sleep there overnight or establish "a pattern of conduct indicating she is using the house as a dwelling."

Zagustin has failed to explain why she refuses to pay the outstanding water bill, which McGrath said totals about $800.

"It's a long story," the professor said. "I don't want to go into this."

McGrath also said Zagustin would be allowed to sleep in her home if she had running water, though the attorney emphasized that she would continue to prosecute the case even if the water bill is paid.

Zagustin also would not comment on where she is currently living, saying only that she is "staying with friends."

"It's a mystery to me [where she is living]," McGrath said, adding she does not have a current home mailing address for the professor.

The national television program "48 Hours" recently aired a feature story on the case, in which Zagustin was shown warding off the cameras by waving her arms. Dan Rather suggested that mediation, and not litigation, is the best way to resolve the issues.

A self-described "community coach," Jim Walker agreed with Rather. Walker has followed the Zagustin case for years.

"[The neighbors] are dealing with somebody who's very capable and very intelligent," Walker said. "We're not dealing with a regular bag lady down the street. It's not a matter of money."

The tumultuous relationship between the Huntington Harbour residents and Zagustin has long been documented in Orange County newspapers and television news broadcasts.

After hearing London's decision to set the date for the jury trial to begin, Zagustin left the courtroom visibly wary of reporters, answering questions only briefly if at all.

McGrath said each misdemeanor carries a maximum punishment of a $500 fine and six months in jail.

"I hope they throw the book at her," Flynn said.

Zagustin migrated to the United States from what was then the Soviet Union and has tenure at CSULB, where she has taught since 1967. She has earned five degrees, including a doctorate from Stanford University.

Kelly said, "Sometimes people get very stubborn about their lifestyle. Then we have to go to the courts."