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LEAVENWORTH, Kan., Feb. 12 (AP) — David Wittig, the former top executive of Westar Energy, was released from prison on bond Monday pending the appeal of his sentence in a bank fraud case.

Mr. 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. He had served nearly 13 months in prison.

Mr. 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.

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

On Thursday, Judge Robinson granted Mr. Wittigs request to be released on bond pending his appeal of that sentence.

Although Judge Robinson granted Mr. 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 Mr. Wittig was convicted in September 2005 of looting Westar. Judge Robinson sentenced him to 18 years in prison in that case.

The 10th Circuit granted that motion.

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

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