TOPEKA, Kan. (AP) _ Lawyers for two former Westar Energy executives have asked a federal judge to dismiss the remaining charges against the men.

The attorneys say an appellate court ruling last year keeps prosecutors from using evidence necessary to charge former Chief Executive Officer David Wittig and former chief strategy officer Douglas Lake.

Wittig and Lake were convicted in 2005. They were charged with wire fraud, money laundering and other offenses. They were accused of a scheme to raise their wages at the Topeka-based utility and hide it from regulators.

An appeals court threw out the convictions in January 2007 and barred prosecutors from retrying the men on the fraud and laundering charges.

But they still face a retrial on charges of conspiracy and circumvention of internal controls.

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