Oct. Hearing Set In Ballpark Beating Death

A Philadelphia judge will hold a hearing next month on a defense motion to dismiss charges against three city men accused of killing a Lansdale Man. The judge imposed a gag order on all parties saying, “This case is not to be tried in the press.”  The defense also wants the judge to bar a re-trial on grounds of prosecutorial misconduct.  Judge Shelly Robins New declared a mistrial Tuesday because the prosecution failed to tell the defense that a witness would identify two of the three defendants.  Court rules require prosecutors to reveal incriminating evidence, including identifications, to the defense.  The witness, Ryan Tulino, was a friend of the 22-year-old victim, David Sale, who was punched and kicked outside a Phillies game more than two years ago during an alcohol-fueled fight.  37-year-old Charles Bowers and 48-year-old James Groves are charged with third degree murder, while 30-year-old Francis Kirchner is charged with first degree murder as the man who allegedly delivered a fatal kick to Sale’s head.  The hearing to determine whether the charges should be dismissed and a re-trial barred is set for October 18.

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