Battista, Martino plead not guilty in Donaghy scandal

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By Frank Fitzpatrick
Inquirer Staff Writer


NEW YORK - Two Philadelphia-area men implicated in an NBA betting scheme with disgraced referee Tim Donaghy pleaded not guilty yesterday, while the lawyer for one continued to hint that Donaghy might not be the only NBA official involved.
"I'm just not sure if the concept of 'rogue referee' is appropriate," said Jack McMahon, the Philadelphia attorney representing James "Baba" Battista. "It seems odd that he [Donaghy] also was betting on games that he didn't referee. That sounds to me like it ought to be a red flag."

Battista, 42, of Phoenixville, and Thomas Martino, 42, of Marcus Hook, onetime classmates of Donaghy's at Cardinal O'Hara High School in Springfield, entered their pleas before Judge Carol Amon in U.S. District Court in Brooklyn. They are free on $250,000 bond each. A trial date was set for April 28.

They were formally indicted on Feb. 8 on charges of conspiracy to commit wire fraud and conspiracy to transmit wagering information. Martino also is accused of perjuring himself twice before a federal grand jury.

After yesterday's session in a near-empty, 10th-floor courtroom, McMahon suggested that Donaghy, dismissed by the NBA on July 9 after allegations surfaced that he had bet on games he officiated, was collecting pension checks from the league and that the fired referee and the league had agreed on a severance package.

"I don't understand that at all," McMahon said.

An NBA official, contacted later, denied that Donaghy had a severance package and said that he not received even "one cent" of his pension. Donaghy would not be eligible for his pension for several years, the official said, and no decision has been made on whether he will receive it.

Commissioner David Stern has insisted that Donaghy, 42, a Havertown native, is the only referee involved in the scandal.

If, however, the league has been investigating the matter more deeply behind the scenes, it has apparently done so without talking to either Martino or Battista.

The attorneys for the two defendants said they had not been in contact with anyone from the NBA.

"I'm sure they don't want to hear anything further from us," said Vicki Herr, Martino's attorney.

Assistant U.S. Attorney Jeffrey Goldberg informed Amon that the government would be offering a written plea deal to Martino and Battista later this month. Both defense lawyers said they would review the offer closely.

Donaghy pleaded guilty in August to charges of conspiracy to commit wire fraud and transmitting betting information, and is expected to testify against his two friends. He is to be sentenced April 18.

"Mr. Donaghy seems to have worked the system fairly well for himself," McMahon said. "He got a plea deal, and he's still getting paid by the NBA."

If the case comes to trial, McMahon promised he would question Donaghy extensively. "I haven't spoken to Mr. Donaghy," he said. "The next time we'll talk will be when he's on the witness stand. I look forward to him testifying for a very, very long time."

Should the case get that far, it's possible the trial could take place in Philadelphia.

McMahon informed Amon that he was considering a motion for a change of venue from federal court in Brooklyn since, to his knowledge, no wrongdoing is alleged to have taken place there.

The case against Martino and Battista now enters its discovery phase. While government attorneys said no wiretaps were used, they will seek the bank, telephone, and credt-card records of those involved.

According to the government, between Dec. 1, 2006, and April 30, 2007, Donaghy provided inside information to the two, who used it to place bets. The three allegedly communicated via telephone calls, often speaking in a code they had developed.

When Martino and Battista won, Donaghy was paid. If they lost, he got nothing.

One of those payments took place in Philadelphia on Dec. 14, the indictment said, another in Toronto on March 11.

Donaghy allegedly provided information on games he worked and other contests as well. Those details included the identities of the officials working a game; the relationships between referees, players and coaches; and the physical condition of certain players.

Battista, McMahon said, had not testified before a federal grand jury. Martino did so on May 30 and is charged with two counts of perjury for allegedly lying during his testimony.

According to the nine-page indictment, when Martino was asked why he had so many phone conversations with the referee, followed by talks with Battista, he said:

"I talk to everybody. It was coincidental."

Then, when prosecutors asked if Martino ever communicated information from Donaghy to Battista, he said he had not.