WEDNESDAY, JANUARY 27, 1999

Zagustin avoids jail time

By Maria Vega

On-Line Forty-Niner

WESTMINSTER - Cal State Long Beach engineering professor Elena Zagustin could not keep her house clean. Now, a judge saved her from having to keep a jail cell clean.

Reversing a prior 90-day jail sentence, Westminster Municipal Court Judge Robert Gallivan praised Zagustin for her efforts in cleaning up her home since the Dec. 22 decision.

Along with the jail sentence, Zagustin was fined $200, placed on formal probation for three years, ordered to undergo psychological evaluations and comply with surprise inspections of her residence. However, in a surprising turn of events, Gallivan revoked her jail time and stayed the remainder of the sentence on Jan. 22.

But apparently Gallivan is happier now with conditions at Zagustin's residence in Huntington Harbour. Trash and debris that had littered her home, which prompted Gallivan to reprimand Zagustin. However, not everyone was happy with the ruling.

"The ruling was absolutely ridiculous," David Flynn, a neighbor, said. "She is the most manipulative woman and she did the absolute minimum of clean-up to get signed off."

Flynn said Tuesday that both attorneys went into the judge's chamber during the January hearing and after some discussion came back into court where Gallivan announced his decision not to send Zagustin to jail.

"This court has an incredible sense of frustration with this case," Gallivan told Zagustin in December. "You are an intelligent, well-educated lady."

After numerous court appearances, neighbors were outraged, but also not surprised when Zagustin's sentence was overturned.

In an effort to get Zagustin to comply with the court's decision, Gallivan sentenced her for just one of the 69 misdemeanor fire and city code violations for which she was found guilty of in November. He ordered a stay on the remaining 68 counts until further review.

Flynn said he and the rest of the neighbors have been hearing ideas of compliance for 20 years and was wary of the ruling and her attempts of cleaning her residence.

"She's been doing this for 20 years, why would it be better in 30 days?" Flynn said.

Flynn said he and the rest of her neighbors went to the Huntington Beach City Council meeting on Monday night and voiced their concerns about how the case was handled.

"We've signed protest letters, and we discussed how the city attorney's office sold us out and we're asking that the judge be put on judicial review," Flynn said. " We're pushing for foreclosure so we can get her out."

After the Dec. 22 hearing, prosecuting attorney Jennifer McGrath said she was optimistic about the ruling.

"I'm encouraged because there are more mandated restrictions, not to mention three years of them," McGrath said. "My concern was that she'd go to jail for a long time, we'd never see the inside of it and the house would never get cleaned."

McGrath was unavailable for comment concerning the Jan. 22 hearing.

Beverly Goulette has lived next to Zagustin for 24 years and said Zagustin needs jail time.

"I feel like we take a little step forward and then take several steps back with her," Goulette said. "We've suffered a great deal and even when we try to talk to her she won't even talk to us."

In addition, Zagustin, who up until Dec. 17 had been representing herself, hired an attorney, Charles Mullis. When asked about the Dec. 22 sentencing, Mullis said he had no comment.

Zagustin also had no comment.