Judge to consider scheduling third trial involving ex-Westar CEO, strategy officer

Judge to reschedule ex-Westar CEO trial

TOPEKA, Kan. — Federal prosecutors have asked a judge to schedule the third criminal trial for a pair of former Westar Energy Inc. executives.

Former Chief Executive David Wittig and former chief strategy officer Douglas Lake are charged with conspiracy and circumventing internal controls to secretly boost their compensation at the Topeka-based utility.

Their first trial ended in a hung jury in 2004. They were convicted on most counts in 2005 but the convictions were later thrown out.

A third trial was scheduled for September 2008 but the men appealed, challenging the constitutionality of being tried again. That appeal failed this summer.

U.S. District Judge Julie Robinson will hold a hearing Monday in Topeka to schedule the third trial. Prosecutors would like it to begin Dec. 8.