Witness ID causes mistrial in ballpark death of Lansdale man
Witness ID causes mistrial in fatal ballpark fight
PHILADELPHIA (AP) — A Philadelphia judge has declared a mistrial for three men charged in the fatal beating of a Lansdale man outside a Phillies game.
The mistrial Tuesday comes after a prosecution witness identified 30-year-old defendant Frances Kirchner as the person who kicked 22-year-old victim David Sale Jr.
Lawyer Brian McMonagle says defense lawyers were told the witness was not being called as an "identity witness." He says that's grounds for a mistrial.
The 30-year-old Kirchner is charged with first-degree murder and 37-year-old Charles Bowers and 48-year-old James Groves with third-degree murder in the drunken July 2009 melee outside Citizens Bank Park.
McMonagle plans to argue double jeopardy if a new trial date is set. A hearing is set for Wednesday.
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