But now Battista, a professional gambler also known as "Sheep," is straying from the flock.

"Jimmy Battista says he's not guilty and wants to have a trial and that is his constitutional right to do that," his attorney, Jack McMahon Jr., said yesterday.

That means Donaghy, a Havertown native who is awaiting sentencing on gambling and wire-fraud charges, could take the stand as a government witness and testify against his former pal from Cardinal O'Hara High School.

Thomas Martino, 42, of Marcus Hook, who has admitted to paying Donaghy in exchange for hot basketball "picks," pleaded guilty last week in Brooklyn, N.Y., to wire fraud and faces 12 to 18 months behind bars.

Battista was expected to do the same yesterday. But "after much discussion" with his lawyer, he backed out of the deal on Friday, according to a letter McMahon sent to the court.

Prosecutors decided not to exercise their option of revoking Martino's plea agreement if Battista refused to fold, they told U.S. District Judge Carol Amon yesterday. His sentencing is scheduled for July.

Battista, 43, of Phoenixville, who was indicted along with Martino in February on wire-fraud and gambling charges, faces up to 20 years in prison if convicted.

Authorities say that between December 2006 and April 2007, Martino and Battista bought inside basketball picks from Donaghy, a Villanova grad who cashed in on his access to confidential NBA information, such as which officiating crews were assigned to upcoming games and players' physical condition.

Donaghy's picks were "pretty accurate," according to Martino's lawyer, Vicki Herr. She has described her client as a "minimal participant" in the scheme who "allowed himself to be used by two people he considered to be very good friends."

"I certainly don't subscribe to the same theory that she has," McMahon countered.

Jury selection in Battista's case is slated for next Monday and the trial is scheduled to start May 5.

McMahon said he expects Donaghy to testify, which he said could lead to the identification of other people tied to the former ref who have not been charged.

"Donaghy is certainly going to be testifying," McMahon said. "They can't prove the case without him."

Assistant U.S. Attorney Jeffrey Goldberg declined to comment yesterday.

Battista is seeking to have the case dismissed because the charges were filed in the Eastern District of New York, which McMahon contends is the improper venue. A hearing on that matter is scheduled for Thursday. *