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Ex-FBI agent can't give testimony for Donaghy
NEW YORK - A federal judge yesterday denied a presentencing request by a lawyer for Tim Donaghy to allow an ex-FBI agent to testify about the disgraced NBA referee's cooperation with authorities.
Contact staff writer Frank Fitzpatrick at 215-854-5068 or ffitzpatrick@phillynews.com.
U.S. District Judge Carol Amon said during a morning hearing in Brooklyn that she saw no basis for the subpoena attorney John Lauro issued for the onetime agent, Philip Scala, and characterized his action as a "fishing expedition."
Lauro contended the government did not reveal fully the extent of Donaghy's cooperation. Assistant U.S. Attorney Jeffrey Goldberg argued that the government had all the relevant information.
Amon also delayed the sentencing for Donaghy, which had been set for Monday, until July 29. He faces up to 33 months in jail.
The 41-year-old Villanova graduate pleaded guilty last year to charges that he traded inside information on NBA games in the 2006-07 season, including some he officiated, for cash payments from ex-high school friends James Battista and Thomas Martino.
The sentencings for Battista, an admitted professional gambler, and Martino, which had been scheduled for Friday, also were delayed until July 24. They face between 10 and 16 months in jail.
In addition, Amon heard arguments on the restitution that the NBA is demanding from the three men.
According to the league, Donaghy owes it $1.4 million. That figure includes $577,000 of his pay and benefits over four seasons, plus hefty legal fees and other expenses the NBA incurred in the course of the criminal investigation.
Lauro said that the money and benefits Donaghy was owed by the league at the time of his firing should be deducted from the restitution. But the NBA contends that under New York law, Donaghy, as "an unfaithful servant" is not due anything.
Contact staff writer Frank Fitzpatrick at 215-854-5068 or ffitzpatrick@phillynews.com.
