Ex-Westar executives’ retrial postponed

Topeka — The federal retrial of two top executives of Westar Energy Inc. has been postponed, the U.S. Attorney’s office said Friday.

The trial of David Wittig and Douglas Lake had been scheduled to start Monday, after a federal appeals court last week refused to disqualify U.S. District Judge Julie Robinson over defense attorneys’ allegations of bias.

The next scheduled court date is May 17, when Robinson will hear motions. She is expected to set a new trial date, said Jim Cross, a spokesman for U.S. Atty. Eric Melgren.

Wittig, the former chairman and chief executive officer, and Lake, the former executive vice president, face 40 criminal counts including fraud, money laundering and circumventing internal controls.

Prosecutors contend the two men tried to loot the state’s largest utility before leaving late in 2002.

Their first trial lasted more than two months; jurors deadlocked on more than half of the charges and Robinson declared a mistrial in December.