[clevfan]

Donaghy's sentencing hearing is delayed until April 18

By WILLIAM BENDER
Philadelphia Daily News
JAN 24, 2008


Tim Donaghy will remain a free man for at least another 3 months after a federal judge in New York yesterday postponed his sentencing a second time.
The former NBA referee, who pleaded guilty to conspiring to commit wire fraud and conspiring to transmit gambling information across state lines, was scheduled to be sentenced tomorrow. Instead, the hearing was pushed back to April 18 in an order issued yesterday by U.S. Judge Carol B. Amon.

A spokesman for the U.S. Attorney's office in Brooklyn, N.Y., declined to comment yesterday, as did Donaghy's attorney, John Lauro.

Donaghy, out on $250,000 bail, faces up to 25 years in prison and up to a $500,000 fine for providing confidential NBA information to bettors.

Prosecutors say James Battista, of Phoenixville, and Thomas Martino, of Marcus Hook, gave him cash payments for correct basketball "picks." They turned themselves in to authorities in August and are awaiting indictment, in the same Brooklyn court.

Battista's attorney, Jack McMahon Jr., said delaying Donaghy's sentencing is not unusual if Donaghy is a potential witness against his client and Martino.

"That certainly makes sense to me that they are going to delay his sentencing until such time that the two other co-defendants' cases are resolved, either through a plea or a trial," he said.

McMahon said his client is prepared to go to trial, but "we're not foolish. If the right situation comes around we would certainly consider it."

Martino's attorney has declined to comment on his case.

"If it has to be, [Battista] will go to trial, and he's ready for that, but I'm also confident that we can work something out that puts this to rest" without a trial, McMahon said.