Topeka Two former Westar Energy Inc. executives facing criminal charges want jurors in their third trial to hear evidence that their former employer has a financial interest in their convictions.
But federal prosecutors said Thursday that the idea has come up before, and the judge has said no.
The Topeka Capital-Journal reported that prosecutors made their case that there is nothing new to consider in a 38-page response to 10 defense pleadings filed a month earlier.
Former Westar CEO David Wittig and his top former strategy officer, Douglas Lake, are charged with conspiring to loot the Kansas utility and circumventing internal controls to hide their actions.
Their first trial ended in a hung jury. Their convictions in a second trial were overturned on appeal.