Donaghy's Attorney Pushes for Leniency

More than a year after he resigned from the NBA in disgrace and less than a year after he pleaded guilty to conspiring with gamblers and betting on NBA games, former referee Tim Donaghy will be sentenced today in a federal court in Brooklyn, N.Y. Donaghy, 41, is expected to receive between 27 and 33 months in prison for his role in a betting scandal that rocked the NBA last summer and continues to reverberate.

In an effort to gain leniency for his client, Donaghy's attorney, John Lauro, submitted to the court yesterday an evaluation form that said Donaghy was a compulsive gambler who "couldn't stop himself."

Stephen Block, a New York-based gambling treatment counselor who has worked with compulsive gamblers for 32 years, interviewed Donaghy in January and concluded that Donaghy was a gambling addict whose addiction ruined his life. In the aftermath of the criminal case, Donaghy lost his 13-year career with the NBA and his 12-year marriage with his wife, Kim.

"In my professional opinion, Mr. Donaghy would never have committed these offenses if he was not a pathological gambler," Block said in the document.

Block said Donaghy's gambling problems began in 1994 at various golf clubs in Pennsylvania, where he would place $500-a-hole bets and engage in high-stakes card games. Donaghy concealed his gambling problems from his family and friends, Block said.

"He continued to gamble despite the consequences and the fear of disclosure of his activities," Block concluded. "His judgment and insight were impaired by his gambling behavior."

Two former high school classmates, James Battista and Thomas Martino, were both sentenced to more than a year in prison last week for their roles in the gambling plot in which Donaghy used his inside information as an official to help gamblers bet on games. Donaghy received money whenever his tips helped them win.

Battista, 42, received 15 months in prison for making bets while Martino, also 42, received one year and one day for paying Donaghy an estimated $30,000 for the tips. Donaghy, Battista and Martino must jointly pay the NBA $217,266 in restitution based on another ruling last week. The NBA sought nearly $1.4 million -- including legal fees and a portion of Donaghy's salary dating back to 2003, when the betting scheme began.

Lauro declined to comment when reached yesterday, but a source close to Donaghy said he is relieved that the situation is nearing closure after being delayed several times. Donaghy is also dealing with problems involving his health and separation from his former wife and his four daughters, the source said.

The criminal case prompted the NBA to undergo an internal investigation of its officials and led it to change its officiating policy and restructure how officials are evaluated. Earlier this month, the NBA hired a retired two-star general with no league ties, Ronald L. Johnson, as the league's senior vice president for referee operations. Stu Jackson, executive vice president for basketball operations, previously supervised the officiating program and was criticized by several officials, albeit anonymously.

In his letter, Block wrote that the "NBA has rules about referees gambling even though many referees apparently do so." NBA Commissioner David Stern acknowledged that several referees admitted to gambling -- which led to a more lenient league policy for referees -- but he stressed that Donaghy was the only official to bet on NBA games.

Donaghy created another controversy during the NBA Finals in June when he made accusations that the NBA encouraged referees to manipulate results to help ticket sales and television ratings. Stern dismissed those claims, calling Donaghy a "singing, cooperating witness."

Staff writer Robin Shulman contributed to this report.