INNOCENT VERDICT CHALLENGED; PROSECUTORS APPEAL ADAIR CASE DECLARATION.

Byline: Jesse Hiestand Staff Writer

SAN FERNANDO - Prosecutors on Friday challenged a judge's decision to declare Jeanie Adair innocent of her husband's murder, a move that could jeopardize her quest to clear her name.

By referring the case to the 2nd District Court of Appeals, prosecutors hope to overturn San Fernando Superior Court Judge L. Jeffrey Wiatt's ruling last month finding Adair could not have committed the crime.

``I'm still angry about the trial, angry about the finding (of innocence). It's an insult,'' said Los Angeles County Deputy District Attorney Marsh Goldstein outside of court. ``She got away with murder.''

Adair, a 39-year-old mother of two, was acquitted in October of beating Robert Adair to death with a baseball bat in the couple's Sylmar condominium in November 1996. Jurors concluded the evidence did not show guilt beyond a reasonable doubt.

Wiatt went a step further by issuing a rare declaration of factual innocence, allowing Adair to state she was never arrested or even charged with the crime. By Goldstein's estimate, the appeal may take through June to resolve.

Adair's attorney remains confident that the appeals court will reaffirm his client's innocence.

``This was the judge's decision, and those are rarely disturbed on appeal,'' said Adair's attorney, Richard Plotin.

If the ruling stands, it will force police to destroy any record of her arrest and seal the trial file. Prosecutors would then have one last recourse, appealing the matter to the California Supreme Court, Goldstein said.

Plotin characterized the appeal as a malicious move by authorities bent on connecting Adair to the crime at any cost.

``She just feels that its outrageous conduct by the district attorney and a continuation of their behavior from the time she was arrested without cause,'' Plotin said.

Goldstein said the appeals process may vindicate his claims that Wiatt made unfair rulings against the prosecution during trial, contributing to the acquittal.

The appeals court will review the entire 2,700-page trial transcript, other evidence and the hearing at which Adair was found innocent, Goldstein said.

Goldstein said he expects the appellate ruling will address whether the trial was conducted properly, including a ruling by Wiatt to exclude prosecution evidence.