PHILADELPHIA (CBS) — Several witnesses have testified they saw defendant Francis Kirchner kick a man who was down, a man who later died from injuries suffered during a vicious beating outside Citizens Bank Park in 2009.

The eyewitnesses says 22-year old David Sale had already been beaten, he was down on all fours, bleeding and was trying to get up when Francis Kirchner kicked him in the head. (see related story)

Kirchner kicked Sale’s head like a football according to one testimony; the force of the kick spun Sale on to his back said another.

The prosecutor says the force tore a major artery.

But defense attorney Jack McMahon, who told the jury in his opening statement that Kirchner never touched Sale, challenged their credibility and during cross examination, he challenged one witness, a friend of the victim’s, who never identified Kirchner as the kicker before now.

And McMahon highlighted through questioning of two other witnesses that each had had at least 6 alcoholic drinks before witnessing this incident.

Reported by Tony Hanson, KYW Newsradio

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