Prosecutors Ask Judge to Proceed With Wittig Trial

By: AP
By: AP

TOPEKA, Kan. (AP) _ Prosecutors say an appeal by two former Westar Energy executives should not be allowed to delay the men's trial on charges they looted the state's largest electric utility.

The government on Friday urged U.S. District Judge Julie Robinson to start the trial for David Wittig and Douglas Lake as scheduled Sept. 9.

The men wanted charges against them dismissed because they say a retrial would violate their constitutional double jeopardy protection.

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.

(Copyright 2008 by The Associated Press. All Rights Reserved.)

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