Woman Living in Filth Guilty on 69 Counts

In a verdict that could end a decade-long legal battle over the condition of a college professor’s home, a jury convicted the woman Monday of 69 misdemeanor code violations that jurors believe are health and safety hazards to her neighbors.

Elena Zagustin’s neighbors have complained for years about her Huntington Harbour home, which they say is filled with accumulated rubbish, human waste stored in buckets, and rodent and insect infestation.

The duration and intensity of the standoff between Zagustin and her neighbors--and what each considers their right to live undisturbed by the other--has gained notoriety. It was featured earlier this year on a CBS “48 Hours” segment about feuding neighbors.

The 61-year-old woman could be punished with a $500 fine and six months in jail for each count when she is sentenced Dec. 17. After her conviction, which came after six hours of deliberations, Orange County Superior Court Judge Robert H. Gallivan suggested that Zagustin obtain an attorney before her sentencing. She acted as her own lawyer during the trial.

“It’s not fair,” Zagustin said as she sat in the courtroom after the verdict was read. “[The city] is in conspiracy with the neighbors.”

Zagustin had originally been charged with 95 code violations for allegedly threatening the health and safety of her neighbors by letting trash accumulate, overloading extension cords and having substandard plumbing. Jurors acquitted Zagustin on nine counts that included alleged exterior code violations. Some of the original counts were dismissed before the trial began last week in Westminster.

Jurors were shown photos of the inside of Zagustin’s house and said they were stunned.

“I wondered how anybody could live that way,” said juror Andre Jones of Stanton. “I think a person should be able to live any way they want to inside their house, but the way she was living became a . . . hazard.”

Juror Ron Jones of Cypress said the panel had to think about the neighbors even though there were some who felt some sympathy for Zagustin.

“Some people felt sorry for her, but this case has come to court by her own inaction,” Jones said. “She’s had plenty of time.”

Zagustin is expected to appeal the verdicts, which signify the most counts she has ever been convicted of in the several times the city has brought her to court. But city officials and residents said they hope their long nightmare is now over.

“We’re elated about the outcome,” said City Atty. Gail Hutton. “She needs to have a strong lesson, and that probably means a lot more than paying money. It would seem that some jail time might be an appropriate punishment to make her recognize that this can’t go on and on.”

But Deputy City Atty. Jennifer McGrath said the city is still deciding what kind of punishment they will recommend to the judge.

“The issue is, if you put her in jail, do we have a solution to the problem?” McGrath said. “Does a vacant, abandoned property suddenly take care of itself?”

Zagustin has spent some short stints in jail over the years in connection with the mess, and while McGrath said the judge may decide on a stiff jail sentence, she is researching whether there is psychological help “or programs for someone who is a pack rat.”

“We’d like to get her into compliance and make sure she stays there,” McGrath said.

Zagustin’s neighbors on Morse Circle, some of whom were in court Monday, would rather see her move from the area than go to jail.

“I’ve lived in my home for 25 years and she’s been a problem for at least 20,” said neighbor Ellie Schaffer. “It’s an ongoing thing, and she’s always got another motion and another appeal. She slips through the cracks.”

The neighbors have been involved in a long legal battle with Zagustin and have succeeded in winning close to $300,000 in civil cases.

“It’s been a long journey to get this far,” said Zagustin’s next-door neighbor, Beverly Goulette. “It’s been a real nightmare for us. I didn’t think it was going to take 10 to 15 years. She is a very smart and educated woman and she’s been able to get away with a lot for a long time. This is a big victory for the whole neighborhood.”

Zagustin, a professor of civil engineering at Cal State Long Beach, was ordered to stop living in the house by city officials in January when it was learned that she did not have running water inside. Neighbors contend that she continues to be seen inside the home, and the city said it is investigating.

Zagustin had little to say after the verdict. But she had several supporters in court Monday, including Seal Beach resident Sue Corbin.

“[The city] has made it very personal against her,” Corbin said outside court. “They wanted to make sure that she received their brand of justice.

“This is really a case of overreaching. Very seldom is someone criminally prosecuted for code enforcement. What are they going to do? Put her in jail? It’s not a solution to the problem.”