Wittig’s convictions to be withheld at trial

? Federal prosecutors don’t plan to tell jurors about former Westar Energy Inc. chief executive David Wittig’s prior convictions in a banking-fraud case unrelated to current charges that he tried to loot the state’s largest electric utility.

But Richard Hathaway, the assistant U.S. attorney prosecuting Wittig and former Westar executive vice president Douglas T. Lake, said Monday that didn’t mean jurors considering the 40 counts of conspiracy, wire fraud and falsification of records wouldn’t hear about Wittig’s effort to conceal a $1.5 million loan from federal regulators.

“We are not intending to offer the convictions in the case in general but do plan to offer the conduct,” Hathaway said.

For the banking-fraud conviction, which he is appealing, Wittig was sentenced to four years and three months in prison and fined $1 million.

Wittig, of Topeka, and Lake, of New Canaan, Conn., are scheduled to stand trial in October on the counts of conspiracy, wire fraud, submitting false statements, money laundering, circumventing internal accounting controls and falsifying records at Westar.

During a hearing Monday in U.S. District Court, defense attorney Adam Hoffinger argued that if jurors heard about the prior convictions, it would be difficult, “if not impossible,” for Wittig to receive a fair trial.

Also Monday, Judge Julie Robinson declined a defense motion to dismiss 21 of the counts against Wittig and Lake. She also said she would hear arguments later on a forfeiture count in the indictment, in which prosecutors want to seize millions gained from Westar.