CSULB professor's trial continues

By Sharon Nagy, On-Line Forty-Niner

Monday, November 2, 1998

WESTMINSTER - Elena Zagustin, civil engineering professor at Cal State Long Beach, asked jurors in her closing argument on Thursday that she not be found guilty of 79 counts of fire, housing and municipal code violations brought against her by the city of Huntington Beach.

"You must prove each element beyond a reasonable doubt," Zagustin, who was representing herself, said. "I ask you consider all of my testimony, mine and that of my witnesses. And you must find me not guilty."

Zagustin was originally charged with 95 counts at the beginning of the trial. Sixteen of those counts were dropped by Thursday morning. The remaining counts are violations found between Nov. 20, 1997 and Jan. 7, 1998 at her home in Huntington Harbor.

In her closing argument, prosecuting attorney Jennifer McGrath said that the case is about minimum living standards in Huntington Beach and that Zagustin made definitive choices to disregard them.

"There has been no neighborly activity on her part, no community spirit," McGrath said. "She is ultimately responsible for her home and must be held accountable."

The prosecution presented five witnesses, 58 photographs and a 15-minute videotape depicting trash, debris and unsanitary conditions throughout the interior and exterior of Zagustin's home.

Michael Newton of the Huntington Beach Water Department brought in records which revealed there was no hot or cold running water in her house from Nov. 20, 1997 to Jan. 8, 1998. McGrath said Zagustin has approximately $800 in unpaid water bills.

Zagustin argued that she does not feel financially responsible for the bill because it has not been in her name since 1993.

"It doesn't matter whose name was on the bill," McGrath argued.

Zagustin said to a jury of six women and six men she has been harassed verbally and physically by all of her neighbors and has been chased away when trying to work on the house.

She reemphasized the importance of the prosecution's obligation to prove each element beyond a reasonable doubt.

"Since I am not an attorney, I cannot present this case as smoothly and professionally as [McGrath]," Zagustin said.

The maximum penalty for each count is $500 and six months in jail. If Zagustin is found not guilty, McGrath said she will probably appeal the case "following her standard of ammo."

Judge Robert Gallivan gathered jurors Friday evening before dismissing them until Monday morning and asked them if they had reached verdicts on some of the counts.

"Yes we have," said the foreperson. "We're making great progress."