CSULB professor guilty on 69 counts

By Sharon Christensen, On-Line Forty-Niner

Tuesday, November 3, 1998

WESTMINSTER - After a week-long trial, Cal State Long Beach civil engineering professor Elena Zagustin was found guilty of 69 of 78 counts of fire, housing and municipal code violations by a jury of six men and six women in a Westminster municipal court Monday morning.

Zagustin was released on her own recognizance with her sentencing set for Dec. 17.

"It's not fair," said Zagustin, reacting to the verdict. "They [the city] did this on purpose."

The charges are concerning the conditions in and around Zagustin's Huntington Harbor home, which Huntington Beach city officials have testified has been a safety concern due to debris piled up to five feet high, exposed electrical wiring and its lack of hot or cold running water.

Neighbor Raymond Goulette said he was guarded about the verdict.

"I think it's a step in the right direction but the way the city and court have fooled around with it, I think she'll get probation and pay a few bucks, but we are just going ahead," Goulette said.

Goulette said the neighbors will foreclose on the Zagustin property, since she owes the neighbors approximately $350,000 in two suits filed in small claims court at the same Westminster court.

"Twenty-two neighbors joined in the first suit, and 32 filed in the second suit," Goulette said. "We already have the house posted for foreclosure for what she owes to the bank, to us and for back taxes."

"People want to put the value of their houses over the value of liberty," said Ron Allen, a Nevada civil rights investigator who traveled to Westminster and volunteered to help Zagustin with her case.

"I helped her review some of the wrongful extensions of the 14th Amendment," said Allen, referring to the constitutional amendment outlining an individual's right to due process of law.

Zagustin, while representing herself, claimed her constitutional rights had been violated when the court refused to allow her legal defense papers in the courtroom.

"She was held to a certain standard," said prosecutor Jennifer McGrath, the deputy city attorney for Huntington Beach.

As she was acting as her own attorney, Zagustin was given a lot more guidance and leeway from the court, McGrath said.

"She has a fundamental difference of opinion with the laws," McGrath said.

Of the original 95 counts filed, 17 had been dismissed by Thursday morning and the jury found Zagustin not guilty on nine counts of violations such as overgrown vegetation, dead and decayed vegetation and broken or discarded furniture visible from the public right of way.

As the maximum penalty for each count is $500 fine and six months in jail, Zagustin may be facing up to $34,500 in fines and 34 years in jail.

"The neighbors feel strongly that [jail time] will make a difference, but I am very concerned about putting her in jail for any time," said McGrath, who as prosecuting attorney is allowed to make requests to the court regarding sentencing.

McGrath is looking for a sentence of probation and residence inspections for a minimum of three to five years.

"We want her to come into compliance and stay there," McGrath said. "We began prosecuting her on exterior violations about ten years ago and there is significant improvement."

"They just sign off on the violations and don't even come out and inspect," Goulette said. "We forced the city to adopt a nuisance ordinance, but they haven't done anything with it."

Toni Beron, a spokesperson for CSULB, said that until the court has finished its process, she can not speculate on the status of Zagustin's position.

Zagustin has another case pending with the city of Huntington Beach - concerning mostly exterior violations - to be prosecuted by McGrath. There is no trial date set at this time although a hearing is set for Nov. 16.