The lawyer for James Battista of Phoenixville, Pa., told the New York Daily News yesterday that his client attended Cardinal O'Hara H.S. in Springfield, Pa., with former NBA referee Tim Donaghy.

Attorney Jack McMahon told the newspaper he is aware of the allegations against his client and he has been in touch with Assistant Brooklyn U.S. Attorney Thomas Siegel, who is supervising the investigation for the Brooklyn U.S. attorney's office.

"I've indicated to the prosecutors that if they have an indictment against my client, he would turn himself in voluntarily," McMahon told the paper. "He intends to fight this. If there are any specific allegations, we'll answer them."

McMahon declined comment when he was asked if Battista was a bookie.

Donaghy, who resigned his position on July 9, has been the target of an FBI investigation for allegedly betting on games, including some he officiated, over the last two seasons.