Westar figure asks to remain free pending appeal

? A former Westar Energy executive, saying he poses no flight risk or danger to the community, has asked a federal judge to let him stay out of prison pending the appeal of his convictions for looting the utility.

Attorneys for Douglas Lake, once Westar’s executive vice president, also said his appeal raised several issues that could lead to a reversal of his convictions or a new trial. They filed their motion Monday in U.S. District Court.

Lake, convicted of 30 felony counts in September, is scheduled to be sentenced Monday along with former Chief Executive Officer David Wittig.

Wittig, also Westar’s former president and board chairman, was convicted of 39 felony counts by the same jury. He has been behind bars since mid-January, when U.S. District Judge Julie Robinson revoked his bond for making prohibited financial transactions.

In their filing, Lake’s attorneys argued that Lake has surrendered his passport as ordered and is “firmly rooted” in New Canaan, Conn., where he lives.

They also wrote that he is needed to help his wife, Suzanne, deal with her own health issues as well as care for her parents and sister, and noted that Lake’s son, Douglas Lake Jr., is about to be married.

“He would never abandon his appeal and forsake his reputation,” the motion read in part.

The appeal itself attacks several trial rulings by Robinson.

Lake’s attorneys argued that she improperly refused to exclude two Westar ratepayers during jury selection, erred in allowing two witnesses to testify as experts when they weren’t, and also in denying the defense an opportunity to cross-examine Westar employees about the utility’s “significant financial stake” in the trial’s outcome.

The money-laundering counts against Lake should have been dismissed, his attorneys argued, because prosecutors failed to show a connection between the transactions and money obtained illegally.