[clevfan]

Court delay for Martino, Battista

By JOSEPH SANTOLIQUITO
For the Daily News
Fri, Sep. 7, 2007

Tommy Martino and James Battista, the two alleged co-conspirators in the Tim Donaghy NBA betting scandal, will get their day in court, but that day will come later than expected after a 30-day extension was issued for the grand jury to return with indictments.

Battista, 42, of Phoenixville, and Martino, 41, of Marcus Hook, were arraigned Aug. 15 in federal court in Brooklyn, N.Y., on wire-fraud charges and released on $250,000 bond each. Neither has agreed to a deal with prosecutors. They each could face up to 20 years in prison. The grand jury initially had 30 days from the arraignment to issue indictments.

"It gives everyone some more breathing room, and it gives everyone a chance, both on our side and the government's side, to examine everything that's happened," Battista's attorney, Jack McMahon Jr., told the Daily News.

"This is for the convenience of all the parties, in reference to schedules and times . . . It's no reflection on the case or either side of the case."

The delay, however, has not changed McMahon's stance: He plans to attack the credibility of Donaghy, the disgraced former NBA referee.

"You don't have to be a great lawyer to figure that out," McMahon said. "Donaghy's proven to be a sneak and a liar in real life, so why should it be any different in the courtroom? Would you do any important decision based on him?"

Donaghy, 40, a Havertown native, pleaded guilty to two felonies on Aug. 15. He could face a maximum of 25 years in prison and up to $500,000 in fines, and has been ordered to make an initial payment of $30,000 to the government. He was released on $250,000 bond and has since returned to his Bradenton, Fla., home. He is awaiting sentencing Nov. 9.

Battista and Martino attended Cardinal O'Hara with Donaghy in the mid-1980s. According to the criminal complaint, Donaghy would provide picks on games and would receive kickbacks of $2,000 or $5,000 for each game he won. Martino allegedly acted as the go-between for Donaghy and Battista, accepting the picks over the phone by code. Prosecutors say Martino delivered cash payments to the referee in Philadelphia, Phoenix, Washington and Toronto until the operation ended in April.

McMahon maintains that he would like to place Donaghy on the stand.

"The question still remains whether James Battista committed a federal crime in this case and we don't think that he did," McMahon said. "There's a big difference between a gambler and committing a federal crime. Battista has never said he wasn't a professional gambler. But Donaghy is still clearly not out of the woods. I don't know what the government is going to do with him."

Martino's lawyer, Vickie Herr, has not responded to messages and e-mails left over the last few weeks.