Mistrial declared in fatal Phillies ballpark fight

September 20, 2011

The mistrial Tuesday comes after a prosecution witness identified 30-year-old defendant Frances Kirchner as the person who kicked 22-year-old David Sale Jr., of Lansdale.

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.

Francis Kirchner, 37-year-old Charles Bowers and 48-year-old James Groves are accused of taking part in the beating that killed 22-year-old David Sale outside of Citizens Bank Park 2 years ago. Kirchner is charged with first-degree murder and Bowers and Groves with third-degree murder.

The prosecution is expected to re-try all three defendants.

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Information provided by The Associated Press was used in this article.

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