News in the Press

Donaghy: Call FBI witness

His attorney argued that testimony in the NBA case could affect sentencing on other charges.

By Kate Fagan
The Philadelphia Enquirer
Inquirer Staff Writer

Disgraced former NBA referee Tim Donaghy is scheduled to appear in a New York court today to contest a restitution claim by the NBA.

If presiding Judge Carol B. Amon allows it, the hearing could also provide the venue for retired FBI agent Philip Scala to testify about Donaghy's cooperation with the government.

Donaghy's lawyer, John Lauro, argues that this testimony could affect Donaghy's sentencing.

Today's hearing is separate from the federal charges - providing inside information to gamblers - to which Donaghy has already pleaded guilty.

For those charges, Donaghy is scheduled for sentencing Monday in federal court in Brooklyn.

Lauro issued a subpoena for Scala last week, saying Scala could provide detailed information as to Donaghy's cooperation, which Lauro said was extensive.

Federal prosecutors responded Friday, filing a letter contending the court already had enough information about Donaghy's cooperation. The letter said Scala had "nothing more to add" on the subject, but it was not a formal motion to quash the subpoena.

Yesterday, federal prosecutors filed a letter asking Amon to officially consider the letter they filed Friday a "motion to quash."

Amon has not issued a decision about allowing Scala's testimony. It is possible Amon could allow oral arguments during today's proceedings.

In a letter filed Sunday in response to federal prosecutors opposing Lauro's effort, Lauro wrote that he had requested the testimony because the U.S. Attorney's Office "has not fulfilled its obligation to advise the Court of the full extent of Mr. Donaghy's assistance, even though it was obligated to do so under the parties' plea agreement."

More specifically, Lauro said that Donaghy, from Springfield, Delaware County, provided information "regarding manipulative game-calling practices carried out by certain referees," which could have led to more prosecutions.

Lauro said that the U.S. Attorney's Office had never explained its reasons for withholding this information, but that he believed Scala could corroborate that Donaghy was "at all times, truthful and honest in describing certain unlawful practices."

At the conclusion of Lauro's letter to the court, he wrote that "something is not quite right with the conduct of this case."

Contact staff writer Kate Fagan at 856-779-3844 or kfagan@phillynews.com.