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.