Source: Donaghy, two others to surrender to feds Wednesday

Disgraced NBA referee Tim Donaghy and two Delaware County men who have been linked to him in a gambling probe are expected to turn themselves in Wednesday this morning at federal court in Brooklyn, N.Y., a source told the Daily News tonight.

Donaghy, 40, is expected to plead guilty to charges that he bet on games he officiated, a source said. Another source said Donaghy also could plead to a charge of "criminal information," meaning he used his position to provide information for financial gain outside his job.

Federal arrest warrants are also expected for James "Baa Baa" Battista, 42, of Phoenixville, and Tommy Martino, 41, of Marcus Hook, the source said. The charges against Battista and Martino are unclear. They plan to surrender at the U.S. District Court for the Eastern District of New York.

All three attended Cardinal O'Hara at the same time in the early 1980s.

Donaghy's attorney, John Lauro, did not respond tonight to several messages left by the Daily News.

Battista is one of two bookmakers with whom Donaghy allegedly did business. Battista's attorney, Jack McMahon Jr., has said in past interviews that his client plans to defend himself vigorously.

"I have no comment," McMahon said tonight when reached about the pending indictments.

Martino was reportedly interviewed by the FBI in June. Martino, a friend of Donaghy's who frequently visited his West Chester home, did not return calls. Martino's attorney also did not return calls or e-mails tonight.

"I can't comment," said Martino's father, Charles, when reached at his home tonight.

Peter Ruggieri, a noted professional gambler, told federal investigators 3 weeks ago that he picked up a high-percentage betting trend over the last several years from acquaintances who were winning at a 60 to 70 percent rate on games Donaghy officiated, his former lawyer said. He has denied any betting connection to Donaghy.

One of those acquaintances was Battista.

Ruggieri is not expected to be indicted, although there is a past connection between Ruggieri, 39, of Glen Mills, and Battista. They were in a group of six who were prosecuted by the Delaware County District Attorney's office in 1998 for criminal conspiracy and bookmaking. All six received community service and were placed into the county's Accelerated Rehabilitative Disposition program for non-violent offenders.

Federal agents had descended on the Philadelphia suburbs in recent weeks as they continued their investigation, interviewing at least a dozen individuals, particularly those with ties to Donagyy over the past 2 years, sources have told the Daily News.

Many associated with Donaghy have been keeping a low profile lately to avoid being publicly linked to a man NBA commissioner David Stern has described as a "criminal." Even among some of his friends, Donaghy's name has become radioactive.

The investigation has focused on the 2005-06 and 2006-07 seasons, during which time Donaghy is alleged to have bet on NBA games and provided information that enabled others to profit, including officials' game assignments.

Federal law-enforcement officials first heard Donaghy's name mentioned in wiretaps involving the Gambino crime family in New York.

Donaghy, a graduate of Villanova who moved from West Chester to Bradenton, Fla., in 2005, resigned in a letter to commissioner David Stern on July 9.

Donaghy had been holed up in his Florida home since the story broke several weeks ago, but word last Thursday was that he had given the slip to reporters who had been staking out his home. His whereabouts since have been unknown. *

Send email to santolj@phillynews.com.