Andrews won't go to trial until 2010

The number of witnesses to be deposed and the recent filing of new charges out of Polk County will prevent the case against former Sebring Chamber CEO Dan Andrews from going to trial in December.

Special prosecutor Darla Dooley informed Judge Jeff McKibben at Thursday's pretrial conference that the defense has listed a total of 41 defense witnesses.

Dooley said the state was planning to depose all of them prior to the planned December trial.

"I do have an active case load as well and I don't feel like I can honestly tell this court I will be ready to go in December," she said. "I have my investigator working on identifying who these 41 people are and what their relevance to this case could be."

Defense attorney Bill Fletcher said he has been "waiting on the ... hammer to fall" for several months, which referenced the state's ongoing investigation and the possibility of more charges.

Two weeks ago, the hammer did fall and Andrews now is facing charges out of Polk County - two counts each of false statements to a financial institution and obligating a corporation beyond an authorized amount.

Andrews was also re-arrested Oct. 8 in Highlands County Circuit Court and charged with eight new counts of making false entries on corporate books. Two other offenses were upgraded from third-degree to second-degree felonies.

Between the new charges and what he referred to as a "breakdown in negotiations," Fletcher agreed that the defense would not be ready for a December trial.

McKibben suggested February as the new trial month, since deposing witnesses would clash with the upcoming holiday season.

The judge scheduled a "meaningful" pretrial conference on Jan. 7, so all sides will have a clear picture of what the exhibits and elements of the case are.

"Both sides will have all exhibits pre-marked and pre-numbered ... and ready to go," McKibben told both attorneys.

Andrews' charges stem from allegations that he used chamber credit cards to, among other things, buy an expensive pair of golf clubs for himself and a Tiffany necklace for his wife and landscape his home.

Before Andrews was fired, chamber board members and accountants reportedly discovered about $86,000 in dedicated scholarship funds had been moved to an operational fund and spent.

He was arrested Nov. 24, 2008 and charged with larceny, fraud and embezzlement.