He was found guilty of accepting bribes, conspiracy and extortion for his role in advocating oil tax legislation pushed by then Veco Corp. executives Bill Allen and Rick Smith. In September of 2007 he was sentenced to serve a six years at the Federal Correctional Institution in Sheridan, Ore.

James Wendt, Kott's defense attorney, filed papers with the court earlier this month seeking his release during the appeal.

In the request Wendt wrote that “Kott isn't likely to flee, isn't a danger and has a good chance of winning his freedom on appeal.”

U.S. District Judge John Sedwick accepted the request and gave federal prosecutors until Dec. 9 to respond. In the meantime, Kott will remain in jail.

This is not Kott's first attempt to stay out of prison after being convicted.

In January, Wendt requested his incarceration be delayed for a month while Kott tended to personal matters and the expected birth of his grandchild. The judge denied the request and ordered Kott to report to prison as scheduled.

Kott's attorney also argued during his sentencing hearing that he should receive 33 months in prison while prosecutors sought at least 10 years. The judge sentenced him to 6 years, a $10,000 fine and three years probation after his release.

This article published in The Alaska Star on Thursday, October 30, 2008.