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Mistrial In Phillies Fan Beating Case

Updated: Tuesday, 20 Sep 2011, 11:44 AM EDT
Published : Tuesday, 20 Sep 2011, 11:18 AM EDT

PHILADELPHIA - A judge has declared a mistrial in the case of a man killed outside a Phillies game in July 2009.

Judge Shelley Robins New declared the mistrial on Tuesday morning after a problem arose with how testimony was conducted in the case.

Defense lawyers for three men asked for the mistrial on Monday after a prosecution witness identified one defendant without the prior knowledge of the defense.

A new trial date will be set on Wednesday, according to court records.

Prosecutors said in opening statements two groups sparred several times before the July 2009 melee that left 22-year-old David Sale Jr. of Lansdale dead.

Three Philadelphia men are facing murder charges over the attack in a parking lot near Citizens Bank Park.

The defendants had gone to the game on a trip sponsored by a city tavern. The feud between the groups allegedly started over a spilled beer.

Thirty-year-old Francis Kirchner is charged with first-degree murder for allegedly delivering the fatal blow.

Thirty-seven-year-old Charles Bowers and 48-year-old Jim Groves are charged with third-degree murder.

Defense lawyers have argued that it will be hard to prove who did what during the fight.

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