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