BOSTON (AP) — The highest court in Massachusetts has reinstated a parental kidnapping charge against a Lynn man whose 5-year-old son disappeared almost four years ago.
The Supreme Judicial Court on Wednesday overturned a ruling by a Superior Court judge who dismissed the kidnapping charge against Ernesto Gonzalez.
The judge ruled that Gonzalez could not be charged with parental kidnapping because there was no court order denying him custody of his son, Giovanni.
Gonzalez remains behind bars without bail on a charge of misleading police.
The boy disappeared in August 2008 after a weekend visit with his father.
Gonzalez later told a reporter he killed and dismembered the boy, then disposed of his body parts in trash containers throughout the city.
No body was ever found and Gonzalez has not been charged with murder.
Copyright 2012 The Associated Press.