Jury trial begins

By Suzanne Johnson, On-Line Forty-Niner

Wednesday, October 28, 1998

WESTMINSTER - This case is not about interior decorating or landscaping, prosecuting attorney, Jennifer McGrath said in her opening statement in the trial of Cal State Long Beach civil engineering professor Elena Zagustin.

"It's about maintaining minimum health and safety standards," said the Huntington Beach deputy city attorney.

McGrath began the morning by reading all 95 counts of fire, housing and municipal code violations filed against Zagustin. The counts are violations found at Zagustin's Huntington Harbor home between Nov. 20, 1997 and Jan. 7, 1998. Zagustin has pleaded not guilty to all counts.

Representing herself, Zagustin said in her opening statement she had been denied her constitutional right to have her legal defense papers present in the courtroom.

Judge Robert H. Gallivan said he would hold her in contempt of court if she did not limit her comments to the jury to what she intended the evidence to show. He also reprimanded her for not returning on time after a morning recess. Zagustin later told the jury she would prove herself innocent.

Daniel Madrigal, deputy fire marshal for Huntington Beach Fire Department, testified on the various safety code violations and fire hazards present at Zagustin's residence.

During his testimony, Madrigal identified photographs of the Zagustin residence depicting accumulations of trash, debris and spoiled food in the kitchen and combustible materials in front of the unscreened fireplace, extension cords with exposed wiring, an abundance of electrical appliances - including a crockpot and blender plugged into a bathroom outlet - and entrances blocked by debris that made it impossible for emergency personnel to enter.

In addition to the photographs, jurors were shown a 20- minute video taped during an inspection of the home conducted by Madrigal.

Madrigal had been granted an inspection warrant by the court allowing him to enter Zagustin's residence without her permission.

Zagustin is currently on paid sabbatical for the semester, said Toni Beron, CSULB assistant vice president for public affairs.

According to Frank Fata, associate dean for the College of Liberal Arts, a professor must work on a project approved by a sabbatical leave committee during his or her absence. When the sabbatical is over, the professor is required to write a report on the work he or she conducted, he said.

No one in the civil engineering department could confirm whether or not Zagustin is conducting research during her sabbatical, or comment on whether an instructor has been hired to conduct Zagustin's classes this semester.

The trial is expected to last two weeks and if found guilty, Zagustin could be fined $500 and sentenced to six months in jail for each count.