A gag order was put in place this morning as Common Pleas Court Judge Shelley Robins New set an Oct. 18 hearing to determine if a retrial should be set for the three men charged with the beating death of a man outside a 2009 Phillies game.
New will rule whether the retrial will be barred and charges against Francis Kirchner, James Groves and Charles Bowers will be dismissed. A mistrial was granted to the defense yesterday when a witness for the prosecution identified Kirchner and Bowers as attackers in the 2009 beating — something the defense did not know would happen.
The Inquirer reports jury selection will begin as soon as possible if a retrial is issued. Kirchner’s lawyer is aiming to block a retrial to avoid double jeopardy.