Posted on Wed, Nov. 11, 2009

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Judge considers Wittig trial date, different location

By Associated Press

TOPEKA — A federal judge is considering a date and location for a third trial for former Westar Energy Inc. CEO David Wittig and his top lieutenant, Douglas Lake.

U.S. District Judge Julie Robinson heard arguments Monday from attorneys for the two executives and federal prosecutors regarding how soon the trial should begin.

Prosecutors want the trial to begin sometime between Dec. 8 and March 29. Robinson also is considering having the third trial in Topeka, rather than Kansas City, Kan., where the first two trials were held.

Prosecutors claim the two used several schemes to boost their compensation at Westar and then attempted to hide their actions. The men say the company was aware of their actions

Their first trial in 2004 ended in a hung jury. They were convicted in 2005, but the convictions were reversed on appeal and prosecutors were not allowed to renew charges of wire fraud and money laundering.

Prosecutors decided to retry the men on the conspiracy and circumvention charges.

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