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
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.