Attorneys argue for dismissals in Toste murder case

<p>A Sonoma County judge may rule later Friday on defense challenges to charges against five men accused of murdering a man in a downtown Santa Rosa parking garage in 2006.</p><p>Joseph Lopez Jr., 21, his father Joseph Lopez Sr., 40, cousin Raul Lopez -Granados, 21, and Paul Whiterock, 29, and Nicholas Mejia, 31, were indicted by a grand jury 18 months after the Dec. 3, 2006, death of Matthew Toste, 32, in the Seventh Street parking garage.</p><p>Toste was shot twice in the chest as he defended a female cousin from a group of men harassing her, witnesses said.</p><p>All five men are charged with Toste's murder, being gang members, conspiracy and sentencing enhancements that could lead to life terms in prison. The 15-count indictment also alleges the men committed other, unrelated crimes, but the Toste case is being heard separately.</p><p>On Friday morning, Judge Lawrence Antolini began hearing defense contentions that prosecutors misled the grand jury and produced insufficient evidence to prove the gang and conspiracy charges.</p><p>They also are arguing that prosecutors coerced one of the primary witnesses - a friend of several of the defendants who was with them during the shooting - and didn't present evidence helpful to the defendants.</p><p>Prosecutors maintain they instructed the jury properly and presented all evidence they considered relevant.</p><p>Prosecutors sought an indictment in the case from a secret grand jury instead of the usual process of charging a defendant and presenting evidence to a judge in a preliminary hearing, a process open to the public.</p><p>In grand jury hearings, no suspects, defense attorneys or judges are present, only prosecutors who present damning evidence but are also required by law to show jurors potentially positive evidence for defendants.</p><p>Antolini has asked attorneys to answer 14 questions about the grand jury proceedings. Arguments will continue Friday afternoon and may need to be continued another day.</p><p>The trial is set to begin following Antolini's rulings on the defense motions.</p>