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Updated: 2:31 PM Aug 11, 2008
Prosecutors Ask Judge to Proceed with Wittig Trial
Former Westar execs David Wittig and Douglas Lake say a pending third trial amounts to double jeopardy and they want the case thrown out. Prosecutors are asking a judge to let the case go forward Sept. 9th as scheduled. Posted: 2:31 PM Aug 11, 2008Reporter: AP |
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TOPEKA, Kan. (AP) _ A federal judge in Topeka has been asked to decide whether to dismiss charges against the two former Westar
Energy executives accused of looting the state's largest electric
utility.
David Wittig and Douglas Lake want charges against them dismissed because they say a retrial would violate their constitutional double jeopardy protection.
Their federal trial is scheduled to start Sept. 9.
Jurors found them guilty in 2005 on most counts, including wire fraud and money laundering. But a federal appeals court threw out wire fraud and money laundering convictions last year for insufficient evidence. It also reversed the remaining counts of conspiracy and circumvention of internal controls, but sent them back for a possible retrial.
The government decided to retry the men on those charges.
