BOSTON (CBS/AP) — More than five years after a Boston boy named Giovanni disappeared during a weekend visit with his father, charges against the man have been dismissed because of mental illness.

The boy’s father, Ernesto Gonzalez, was charged with parental kidnapping and misleading investigators, and has been in jail ever since. Giovanni has never been found.

On Thursday, a judge granted dismissal of the charges.

WBZ NewsRadio 1030’s Carl Stevens reports

Under a state law, defendants who have been declared incompetent to stand trial can move for dismissal if they have served at least half the maximum sentence they would have received if convicted.

Gonzalez has been in jail since August 2008, so he has already served more than half of the 10-year maximum sentence he faced. Earlier this year, he was declared incompetent after a judge reviewed medical reports that said Gonzalez suffers from a serious mental illness and is unable to assist in his defense.

Giovanni’s mother, Daisy Colon, said she believes Gonzalez has been playing the system. She believes her son is still alive and being hidden somewhere by friends of Gonzalez.

Gonzalez will not be released from jail anytime soon because of two other pending criminal cases in alleged attacks on a fellow inmate and a guard. He has also been ordered confined to Bridgewater State Hospital under a civil commitment petition filed by psychiatrists there, his attorney said.

(TM and © Copyright 2013 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2013 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)



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