SALEM (CBS) – A Salem Superior Court judge threw out parental kidnapping charges Monday against Ernesto Gonzalez, the Lynn man who claims he murdered his young son.

Five-year old Giovanni Gonzalez vanished during a visit with his father back in August 2008.

Giovanni Gonzalez Age-Progression Photo (credit: National Center for Missing & Exploited Children)

Giovanni is still missing.

Ernesto Gonzalez told a newspaper reporter he murdered the boy and threw his body in a dumpster.

Giovanni’s mother believes her son is still alive and may have been sent to live with Gonzalez’s relatives in Puerto Rico.

Ernesto Gonzalez is still being held on one pending charge, misleading a Grand Jury.

He is due back in court July 11.