TOPEKA, Kan.—Two former Westar Energy Inc. executives facing criminal charges don’t want their third trial in Topeka.
Attorneys for former Westar CEO David Wittig and his top former strategy officer, Douglas Lake, filed a brief last week arguing they can’t get a fair trial in Topeka, where the utility is based. They want the case moved to federal court in Denver.
Lake and Wittig’s first two trials were held in Kansas City, Kan., partly because of pretrial publicity.
A federal judge is considering when to schedule the third trial and has said it may be in Topeka.
Wittig and Lake are charged with conspiring to loot Westar and circumventing internal controls to hide their actions. Their first trial ended in a hung jury. Their convictions in a second trial were overturned on appeal.
