Giovanni’s dad avoids court while mom awaits

LYNN – Daisy Colon waited in vain for the father of her missing son to appear in court Wednesday where, she hoped, a judge would order Ernesto Gonzalez to reveal the 5-year-old’s whereabouts.”I was hoping for him to talk. I wanted the judge to say he has to talk,” Colon said.Gonzalez, through his attorney, waived his court appearance scheduled on the one-month anniversary of Giovanni Gonzalez’ disappearance.Judge Albert Conlon scheduled a Nov. 18 return to court for Gonzalez whose absence from court also disappointed Assistant District Attorney John Dawley.”It’s frustrating that we have not found Giovanni and we can’t give his family the one bright light they are hoping for,” Dawley said.Conlon granted Dawley’s request to impound state Department of Children and Family documents relating to the case until he and Halim Moris, Gonzalez’ attorney, can review them.On Wednesday, Colon said she “is not sure why” the documents were filed in court in connection with the search for her son. Department spokeswoman Alison Goodwin said reports filed on more than one occasion against the Gonzalez family “were not supported” by investigations.”The family is not involved with the department,” Goodwin said.Colon and Gonzalez last lived together on Pattys Way in Lynn when Giovanni was 2. Gonzalez moved to Light Street when they separated. Colon lives in East Boston.Gonzalez filed a custody and visitation complaint in Suffolk Probate and Family Court in June and was due in court Monday with Colon for a case management conference.Colon told police on Aug. 17 she had left Giovanni with his father on two prior weekends “without any problems” but warned, according to a police report, that if Gonzalez “messes this up that she would make sure he would not be able to see him again.”Gonzalez has been held in the Essex County House of Correction in Middleton since pleading innocent on Aug. 18 to a child endangerment charge. According to the District Attorney’s office, he has declined through his attorney several requests to discuss his son’s whereabouts.Gonzalez told police on Aug. 17 he had not seen his son since Aug. 10 but Colon documented a telephone call between her and Gonzalez on Aug. 15 and neighbors in his downtown apartment building said they saw father and son the following day.Dawley said investigators have “exhausted all routine search elements we have in a case like this” but added the investigation is still active.”The position we are taking collectively is that we must remain optimistic for this family. No one’s taken a day off in this case,” Dawley said, adding, “I’d like the public to call and tell us something we don’t already know.”Giovanni was scheduled to start kindergarten at the Samuel Adams School in East Boston on Sept. 8. Colon said teachers are “keeping a seat open” for him.