Wittig free on bond pending appeal of sentence

? David Wittig, the former top executive of Westar Energy Inc., was released from prison Monday after serving nearly 13 months in prison.

Wittig was released from the federal detention center in Leavenworth about 2 p.m. and was greeted by his wife, Beth, and Jeff Morris, one of his attorneys.

Wittig, the former chairman, president and chief executive of Westar, was convicted in July 2003 of engaging in a loan transaction with a Topeka banker and helping to conceal the loan from banking regulators.

Wittig had been incarcerated in a minimum security prison in Sandstone, Minn., until last month, when he was transported to Topeka for his third sentencing in the bank fraud case. U.S. District Judge Julie Robinson sentenced him to two years.

On Thursday, Robinson granted Wittig’s request to be released on bond pending his appeal of that sentence.

Although Robinson granted Wittig bond last week, he could not be released until the 10th U.S. Circuit Court of Appeals in Denver ruled on his request for bond in another case, in which Wittig was convicted in September 2005 of looting Westar.

Robinson sentenced him to 18 years in prison in that case.

On Friday, the 10th U.S. Circuit Court of Appeals in Denver granted that motion.

Wittig’s release may be only temporary if the appeals court affirms the two-year sentence in the bank case, or prosecutors decide to put Wittig on trial again for some of the crimes in the Westar case.