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Donaghy, a Drexel Hill native, pleaded guilty in August to charges of conspiracy to commit wire fraud and transmitting betting information. He is to be sentenced April 18.
"I'm just not sure that the concept of 'rogue' referee is appropriate," said Jack McMahon, the Philadelphia attorney defending James Battista, 42, of Phoenixville.
The NBA has maintained that information from the FBI as part of the investigation indicates that Donaghy was, in the words of commissioner David Stern, a "rogue, isolated criminal" who was not part of a bigger pattern involving other officials.
Battista and Thomas Martino, 42, of Marcus Hook, high school classmates of Donaghy's at Cardinal O'Hara, are charged with lying to the grand jury in 2007. They are also charged with conspiracy to commit wire fraud and to transmit wagering information and accused of paying Donaghy for inside information on games they then wagered on.
A trial date was set for April 28. Each man remains free on $250,000 bond.
At today's arraignment before judge Carol Amon, a government attorney said he would be providing a written plea offer to the two alleged bookmakers later this month.
Donaghy is expected to testify against Battista and Martino.
"Mr. Donaghy has seemed to have worked the system fairly well for himself," said McMahon. "He got a plea deal and he's still getting paid by the NBA."
Should the case come to trial, it's possible it could take place in Phialdelphia.
McMahon told Amon he was considering filing for a change of venue from federal court in Brooklyn since, to his knowledge, no wrongdoing is alleged to have taken place there.
"Philadelphia, the Eastern District, is a possibility," McMahon said.
The case now enters its discovery phase. Government attorneys say there have been no wiretaps but that they will seek phone, bank and credit card records from all involved.
Donaghy, 41, has been free on $250,000 bond. He resigned as an NBA referee on July 9.
Court papers say Donaghy started placing bets on NBA games in 2003. He faces up to 25 years in prison and up to a $500,000 fine.
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