Opening arguments Wednesday in Toste murder trial

<p>Opening statements are expected this week in the Sonoma County Superior Court trial of two men accused in a more than three-year-old downtown Santa Rosa gang slaying that led to grand jury indictments and widespread community outrage.</p><p>Matthew Toste, a 32-year-old construction worker and single father, was gunned down Dec. 3, 2006 as he walked with his date and another couple through a Seventh Street parking garage to a nearby nightclub. Witnesses told police he was shot twice in the chest after confronting a group of men who made sexually provocative comments and groped one of the women.</p><p>Eighteen months later, Santa Rosa residents Joseph K. Lopez Jr., 21, and Paul Whiterock, 29, both gang members, were indicted for Toste's murder along with three others who have since pleaded to lesser charges. Lopez is believed to be the shooter and a witness said Whiterock supplied the gun.</p><p>Now, after extensive hearings, defense challenges and a weeks-long jury selection, both sides are preparing to open Wednesday in what promises to be a dramatic presentation of 911 dispatch recordings, crime scene videotape and dozens of photos.</p><p>Santa Rosa police Lt. Paul Henry said the trial is the culmination of hundreds of hours of work from detectives and other investigators who built a case that will “bring about a good resolution for our community.”</p><p>“We're pleased the case is going to trial,” said Henry, who was supervising detective. “It was investigated continuously from the time it occurred until where we are now. The reality is, the investigation is ongoing. Things may come up at trial that inspire further investigation. We'll see how that plays out.”</p><p>Prosecutor Spencer Brady last week asked Judge Lawrence Antolini to allow a private “dress rehearsal” in the courtroom to check DVD equipment and projection screens that he hopes will help make his case. Lopez's attorney, George C. Boisseau, also was planning to trot out visuals in his opening remarks and requested time for a “dry run.”</p><p>“We just need to see how the elements work together,” said Brady, a chief deputy district attorney who is trying the case with co-counsel, Robert LaForge. “Make sure the screen is the right size, etc.”</p><p>A jury was seated late Friday after a nearly eight week long selection process in which 845 prospective panelists were summoned. Antolini was to hear remaining motions Monday and opening statements were expected at 10:30 a.m. Wednesday. </p><p>Some Santa Rosa residents decried Toste's murder as an indication that gang violence that typically targets other gang members and occurs in neighborhoods known for gang activity was spreading into areas considered safe and had claimed an innocent victim.</p><p>It sparked community meetings, letters to the editor and prompted some to assail police as months went by without any charges.</p><p>Toste family members declined to comment, citing a gag order from Judge Lawrence Antolini that applies to anyone involved with the case. Whiterock's mother, Paula Whiterock, also did not return calls seeking comment.</p><p>Grand jury transcripts revealed detailed descriptions of the killing and evidence prosecutors believe proves the men are guilty of Toste's murder, which they say was done to benefit their norteno gang. If convicted of the charges, the men could be sentenced to life in prison.</p><p>Witnesses testified Toste, a female cousin, her husband and another woman were walking through the parking garage to the Seven Ultra Lounge when at least five men began following them, hurling suggestive remarks.</p><p>One of the men grabbed Toste's cousin and another, the defendant's father, Joseph Lopez Sr., took a swing at Toste and missed. Toste swung back, landing a blow that knocked the elder Lopez out cold, according to testimony.</p><p>That's when a witness testified Lopez Jr. pulled a gun from Whiterock's waistband and began firing, fatally wounding Toste and hitting one of his own in the leg.</p><p>Police arrested Whiterock and Lopez Jr. within a day, but prosecutors didn't file charges and they were released. Three other defendants – Lopez Sr., 41; his cousin Raul Lopez-Granados, 22; and Nicholas Mejia, 31 – weren't publicly identified as being involved until the indictment was unsealed in 2008.</p><p>The 19-member grand jury was convened in spring 2008 in Petaluma, allowing prosecutors to shield the identities of some witnesses and avoid a more lengthy preliminary hearing process in which defense lawyers could cross-examine witnesses. </p><p>Transcripts from the secret proceedings became public after Press Democrat attorneys challenged defense lawyers' and prosecutors' efforts to keep the documents sealed. Prosecutors succeeded in keeping about 300 of the 1,700 pages sealed for the protection of several witnesses, including three confidential informants.</p><p>Last month, Lopez Sr., Lopez-Granados and Nicholas Mejia pleaded no contest to being accessories to the killing and being members of a criminal street gang in a deal that could bring them reduced prison time.</p><p>It was unclear if they would testify at trial, however prosecutors will likely seek testimony from people who witnessed the shooting and a man who was with the defendants earlier in the evening.</p><p>In the months leading up to the trial, defense attorneys filed a number of motions to exclude evidence or dismiss the case. Judge Antolini ruled last year that there was insufficient evidence to support conspiracy allegations and denied motions for a separate trial.</p>