Topeka ? Attorneys for a former Westar Energy Inc. executive continued to seek records Monday that they say show that federal prosecutors coerced the utility into helping indict their client.

Douglas Lake, former chief strategy officer for Westar, and former Chief Executive Officer David Wittig are scheduled to go on trial in September for a third time on charges they attempted to loot Topeka-based Westar before being ousted in late 2002. Jurors couldn’t reach a decision in the first trial in late 2004, and convictions in the second trial in 2005 were later overturned.

Lake’s attorney on Monday asked U.S. District Judge Julie Robinson to approve subpoenas seeking records they claim would show Westar cooperated with prosecutors to avoid criminal charges against the utility.

Prosecutors argued that the attorneys are on a “fishing expedition” and that Robinson should throw the subpoenas out.

Lake’s attorneys responded that because prosecutors aren’t the target of the subpoenas, they don’t have standing to object.

Robinson has asked both sides to file additional arguments by next week.

Lake and Wittig were convicted in September 2005, but an appeals court threw out those convictions a year ago and said the charges of fraud and money laundering couldn’t be retried. Lake and Wittig are now charged only with conspiracy and circumvention of internal controls.