Defense seeks dismissal of charge for Lynn dad accused in kidnapping

SALEM – The attorney for Ernesto L. Gonzalez, the Lynn father charged with parental kidnapping and willfully misleading police in the disappearance of his 5-year-old son, wants to have one of the charges lodged against his client tossed out prior to trial.Defense lawyer Christopher S. Skinner informed Judge Timothy Q. Feeley in Salem Superior Court Wednesday that he will be filing a motion to dismiss regarding one of the charges that will focus on the legality of the presentation by prosecutors.Skinner has not yet filed the motion but did provide a copy concerning the basis of his challenge to Assistant District Attorney Jean M. Curran.Curran acknowledged she had been provided a copy and stated because it involved “significant issues” she would be consulting with the Appeals Division in her office regarding the issue being questioned by the defense.A hearing has been scheduled for March 30 on the motion.Gonzalez, a 38-year-old former meatpacker, is charged with the disappearance of his son, Giovanni Gonzalez, who was reported missing on Aug. 17, 2008 by his mother, Daisy Colon, after she went to pick up Giovanni at his father’s house from a pre-arranged visit at 2 Brightwood Terrace in Lynn.Gonzalez denied having the boy that weekend.Gonzalez was arrested after Colon showed authorities that they had been in touch with each other by telephone that weekend. Neighbors also reported they saw Giovanni with his father that weekend, police said.Gonzalez declined to speak to investigators about his son’s disappearance but in November of 2008, he made a jailhouse confession claiming he stabbed his son with a kitchen knife because he was misbehaving, but apparently said he was remorseful for his actions.