Adair

Jeanie Louise Adair (defendant) was charged with the murder of her husband, Robert Adair (Pen.Code, § 187, subd. (a)). The district attorney of Los Angeles County also alleged special circumstances pursuant to Penal Code sections 190.2, subdivision (a)(1), murder carried out for financial gain, and 190.2, subdivision (a)(15), lying in wait. It was also alleged that pursuant to Penal Code section 12022, subdivision (b)(1), she had used a dangerous or deadly weapon in the commission of the offense.

After approximately a one-month long jury trial, the defendant was acquitted. The People had presented a strong case based upon circumstantial evidence. The defendant presented evidence that not only raised a reasonable doubt with the jury, but now in hindsight, causes the People to concede that the jury had a basis for having a reasonable doubt, based upon the evidence presented.

This matter comes before us after the defendant filed a petition pursuant to Penal Code section 851.8, for a finding of factual innocence, which, after a hearing, was granted by the trial court. The People have appealed the granting of the petition. The granting of such a petition is…