If it were the kernel, the computer would probably panic, not freeze.

If the computer freezes for a few seconds and then "unsticks" itself, notice how long it's stuck. Five seconds? Ten? Fifteen? Thirty? All are common time-out intervals.

Did you find anything in the logs???
I know comprehensive logging is foreign to the windows world, but in *nix they're worth a look.

Sep 5 11:50:42 localhost smartd[3177]: Device: /dev/hda, 1 Currently unreadable (pending) sectors
Sep 5 11:50:42 localhost smartd[3177]: Device: /dev/hda, 15 Offline uncorrectable sectors

those two messages in the logs are in there quite a bit. I didn't know if that had to do with the crashing.

Sep 4 14:55:33 localhost kernel: hdc: packet command error: status=0x51 { DriveReady SeekComplete Error }
Sep 4 14:55:33 localhost kernel: hdc: packet command error: error=0x54 { AbortedCommand LastFailedSense=0x05 }
Sep 4 14:55:33 localhost kernel: ide: failed opcode was: unknown
Sep 4 14:55:33 localhost kernel: ATAPI device hdc:
Sep 4 14:55:33 localhost kernel: Error: Illegal request -- (Sense key=0x05)
Sep 4 14:55:33 localhost kernel: Logical block address out of range -- (asc=0x21, ascq=0x00)
Sep 4 14:55:33 localhost kernel: The failed "Read CD" packet command was:
Sep 4 14:55:33 localhost kernel: "be 00 00 01 4d 73 00 00 01 f8 00 00 00 00 00 00 "

that is the only other block that sticks otu to me. the rest is mainly session opened/closed for root user

Okay, the drive is toast.

First, double-check that both the power cables and the data-cable are firmly attached to the drive and to the controller, and that the controller, if any, is firmly seated in its socket.

Verify also that you have "good power." If you don't yet have an uninterruptible power supply, get one.

Go to the computer-store and purchase a completely new drive. Install it, initially, as a slave. Format it in Linux and copy everything that you can from the old drive onto it.

The existing drive should probably be used to hold doors open from now on, but if you insist upon using it, format it with a bad-blocks scan.

Do this immediately.

yeah the disk is at least 4 years old so that is no surprise