Mistrial declared in fatal Phillies ballpark fight

Last Updated: Wed, Sep 21, 2011 07:20 hrs

A Philadelphia judge has declared a mistrial for three men charged in a fatal beating outside a Phillies game two years ago.

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.

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 melee outside Citizens Bank Park in July 2009.

McMonagle plans to argue double jeopardy if a new trial date is set. A hearing is set for Wednesday.

The Philadelphia Inquirer (http://bit.ly/pO3hS7) first reported on the ruling.

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