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Man accused of intimidating Toste juror proclaims innocence

Published: Tuesday, February 16, 2010 at 12:26 p.m.
Last Modified: Tuesday, February 16, 2010 at 2:47 p.m.

A Santa Rosa man accused of intimidating a juror in a high-profile murder case said Tuesday he's innocent of any crime.

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Matthew Toste

George Lopez, whose nephew Joseph Lopez Jr. is on trial in the 2006 murder of Matthew Toste, said the felony charge stemmed from a private conversation he was having with his sister outside the courthouse coffee shop on Feb. 1.

Lopez, 36, said a prospective juror walked by and apparently thought Lopez told them to find his nephew innocent. But at the time, Lopez said he was talking about his son, who had nothing to do with the trial, he said.

“It was a whole different conversation,” Lopez said outside court Tuesday. “They are getting it all twisted.”

Last week, prosecutors charged Lopez with juror intimidation with a gang enhancement. He pleaded not guilty and is free on $60,000 bail.

Details of the alleged crime were not released. Judge Rene Chouteau granted a protective order requested by prosecutors, keeping the information secret.

The matter came Tuesday before the Toste trial judge, Lawrence Antolini, but the setting of a preliminary hearing was put over until Thursday. Prosecutors have said Antolini may have to recuse himself because he is a possible witness to the intimidation.

On Tuesday, Lopez said it was all a big mistake. The disabled ex-con said he had been attending hearings leading up to the trial with family members and was surprised to hear the allegation. He said police raided his mother's house after his arrest and barred him from the trial opening last week. His mother is the grandmother of the Toste murder defendant.

Lopez said he did not know if the prospective juror was a man or woman. The alleged threat happened on a Monday and the jury wasn't seated until Friday.

“It wasn't an actual juror,” he said. “Now I can't sit in on the trial. I can't bring my mom.”

Trial resumes Thursday for Joseph Lopez Jr., 21, and Paul Whiterock, 29, who are charged with killing Toste on Dec. 3, 2006 inside a downtown parking garage during a confrontation over sexual remarks Lopez allegedly made to two women walking with Toste.

Lopez is accused of shooting Toste and Whiterock is believed to have helped him. They are charged with killing someone for the benefit of a gang.

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