By Christina Hager, WBZ-TV

LYNN (CBS) – A surprise visitor showed up at the court hearing of a Lynn father whose son mysteriously vanished five years ago. Giovanni Gonzales would be 10-years-old.

“I didn’t know I had a little brother until August of 2008, so it’s pretty difficult realizing your own father is maybe capable of something like that,” said his daughter Adrianne Charlton.

Attorneys are discussing plans to drop charges against her father, Ernesto Gonzales. He has been locked up since 2008, but was never charged in his son’s death. He faces charges of kidnapping and misleading police, and he has been declared incompetent to stand trial.

“He doesn’t understand the charges against him. It’s difficult to have a meaningful, significant conversation with him,” said his defense attorney Russell Sobelman.

Gonzales told a Boston Globe reporter he killed his son, but investigators questioned his story.

If the charges are dropped, he would not walk free anytime soon. He is also facing charges of assaulting an inmate and a guard.

The boy’s mother, Daisy Colon, has said she believes the boy is still alive. His daughter says she agrees. “I really don’t think he is capable of doing what they think he did,” said Charlton. “I’m hoping he’ll be able to open up about what happened. Maybe he’ll come out of the state he’s in right now.”



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