By Chris Mac Kenzie
The Alpine Sun

     SAN DIEGO — The fraud case against three Alpine developers and one former employee got delayed again, this time to March 2009, because one attorney had to replace his retained attorney with a public defender.
     Deputy District Attorney James Waters said the reason for the delay is because the new attorney for David Waitley, 45, will have to read “24,000 pages of discovery” to familiarize himself with the case before he can appear in court. Since the case against the three others are linked, they all had to agree to the long delay.
     Attorney James D’Ambrosio, who used to represent Waitley, appeared Sept. 9 before a San Diego Superior Court judge, and said he had to withdraw from the case. D’Ambrosio declined comment afterwards as to why he could no longer represent Waitley.
     However, since Waitley received a public defender, the reason for the lawyer switch is probably financial and a judge determined Waitley qualified for it. At the end of the case, Waitley may have to pay for some costs of his court appointed attorney.
     Waitley, Paul Gonya, 64, Kenneth Stroud, 52, and Stroud’s ex-employee, Marie Frever, 39, all waived their right to have a speedy hearing. They have previously pleaded not guilty.
     The developers are charged with 113 counts of grand theft in allegations they embezzled more than $1.4 million from their companies for their own use. Frever is charged with three counts of grand theft.
     Gonya served on the Alpine Planning Group for four years as vice chairman and head of a subcommittee. He lost his re-election bid in November 2004. Waitley also served on the APG for four years and chaired the circulation subcommittee before he lost his seat in November 2006 election.
     The developers are accused of embezzling from their companies, Real Estate International, Inc., (REI-NC) for their own use. All three men are accused of working together to defraud companies that were formed to build 52 semi-custom homes in Alpine, which was called the Stagecoach development.
     Court records allege Gonya commingled expenses, such as campaigning costs and supplies for his horse ranch, between several companies. Waitley is accused of billing $2,800 for a septic system work done at his home to the Stagecoach project. Court records allege that Gonya billed lumber being delivered to a house on Harbison Canyon Road that was not connected to the Stagecoach project.
     A judge will determine if there is enough evidence against the four to stand trial at the conclusion of the preliminary hearing, which may last a week.
     The case began as a civil lawsuit and was investigated for several years before charges were filed in November 2007. Court records allege the men sought payments from the companies for work done on their homes that had nothing to do with the businesses.
     Gonya, Waitley, and Stroud remain free on $100,000 bond each, while Frever is free on $25,000 bond. 

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