MA MA - Giovanni Colon-Gonzalez, 5, Lynn, 15 Aug 2008

[Tonia]

Defense moves to suppress evidence in Gonzalez case; DNA funds approved

The defense lawyer in the Ernesto L. Gonzalez case wants to suppress evidence taken during the four searches of his Brightwood Terrace apartment, saying the "warrants failed to establish probable cause and were illegal."
Defense lawyer Lawrence J. McGuire filed a motion out of court on Tuesday to suppress evidence seized when police executed the four searches at Gonzalez' apartment, two on Aug. 18, 2008, another Nov. 28, 2008 and one more on July 1, 2009

He contends the searches of the apartment violated his "client's rights and the warrants failed to establish probable cause to search the apartment and seize his property."

Although the affidavits filed in Lynn District Court have all been impounded, authorities seized evidence, including DNA and computer equipment during their searches on Nov. 28, 2009 and July 1, 2009.

On Thursday in Salem Superior Court, Judge Jack T. Lu set down Sept. 25 to schedule a hearing on the preliminary suppression motions.
The commonwealth has sent DNA specimen samples taken during their investigation from the Brightwood Terrace apartment to CellMark Diagnostics, a private forensic DNA testing laboratory in Dallas, Texas, that is the most experienced private firm in the country.

McGuire was allowed funds so he can have his own expert present during the DNA tests at CellMark, which will destroy some of the evidence during their tests, but the tests are expected to hold up the trial.

http://www.itemlive.com/articles/2009/09/04/news/news05.txt

 

[Cubby]

bumping for Giovanni

 

[SheWhoMustNotBeNamed]

Gonzalez case continued to December

The case against Ernesto L. Gonzalez, the Lynn father charged with parental kidnapping and willfully misleading a person in the investigation involving the disappearance of his 5-year-old son a year ago, was continued until December for a motion to suppress evidence.

[snip]

Curran said she and defense lawyer Lawrence J. McGuire had agreed on a Dec. 3 hearing date with an interim court date of Nov. 9 in case any issues arise.

More: http://www.thedailyitemoflynn.com/articles/2009/09/26/news/news06.txt

 

[summer_breeze]

http://itemlive.com/articles/2009/12/16/news/news07.txt

By Karen A. Kapsourakis / For the Item

SALEM - The case against Ernesto L. Gonzalez, the Lynn father charged with parental kidnapping and willfully misleading a person in the investigation involving the disappearance of his 5-year-old son more than a year ago, was continued until next month for a motion to suppress.

 

[SheWhoMustNotBeNamed]

Judge orders psychiatric tests for Gonzalez

The 37-year-old Lynn father who allegedly confessed to murdering his 5-year-old son in 2008 was ordered to undergo 20 days psychiatric evaluation during a Superior Court hearing Thursday.

The hearing was scheduled on a motion to suppress evidence that the boy's blood was found in the father's 2 Brightwood Terrace apartment.

[snip]

Court psychologist Dr. Randall M. Dwyer told Lu that Gonzalez needed further medical evaluation to determine if he is competent to stand trial.

A report on Gonzalez' evaluation is scheduled to be submitted to the court on Jan. 27.

[snip]

During five searches of the apartment, however, authorities discovered blood on a knife and on a floorboard. The blood was identified by a state crime lab and a private lab, Cellmark Diagnostics of Dallas, as Giovanni's.

McGuire has asked the judge to suppress that evidence and other evidence seized by authorities, claiming police violated the defendant's rights by not having probable cause to conduct the searches.

The missing boy's mother, Daisy Colon, has been present for all court proceedings. She has offered a $7,000 reward for any information leading to her son's disappearance.

http://www.itemlive.com/articles/2010/01/08/news/news04.txt

 

[capoly]

Thank you for posting this update, Idaho4Groenes.......rather read such news on a site with "friends" then alone on a newspaper site. Just makes me sick to my stomach......

 

[janiekay]

Thank you for posting this update, Idaho4Groenes.......rather read such news on a site with "friends" then alone on a newspaper site. Just makes me sick to my stomach......

Me, too! I didn't think they found any of Giovanni's DNA, but I guess I could have just missed this. When did they release this info??? I thought the judge was keeping the evidence away from the press???

Poor baby! God bless his mom!

 

[Salem]

additional bolding by me

Judge orders psychiatric tests for Gonzalez

The 37-year-old Lynn father who allegedly confessed to murdering his 5-year-old son in 2008 was ordered to undergo 20 days psychiatric evaluation during a Superior Court hearing Thursday.

The hearing was scheduled on a motion to suppress evidence that the boy's blood was found in the father's 2 Brightwood Terrace apartment.

[snip]

Court psychologist Dr. Randall M. Dwyer told Lu that Gonzalez needed further medical evaluation to determine if he is competent to stand trial.

A report on Gonzalez' evaluation is scheduled to be submitted to the court on Jan. 27.

[snip]

During five searches of the apartment, however, authorities discovered blood on a knife and on a floorboard. The blood was identified by a state crime lab and a private lab, Cellmark Diagnostics of Dallas, as Giovanni's.

McGuire has asked the judge to suppress that evidence and other evidence seized by authorities, claiming police violated the defendant's rights by not having probable cause to conduct the searches.

The missing boy's mother, Daisy Colon, has been present for all court proceedings. She has offered a $7,000 reward for any information leading to her son's disappearance.

http://www.itemlive.com/articles/2010/01/08/news/news04.txt

This is news, very sad news. I believe all the other reports said the blood was from an animal, maybe a pig? So was this smart enough to mix Giovanni's blood with the blood of something else in order to thwart detection? It seems it worked to some extent, as it has taken well over a year and special DNA lab to figure it out. My heart aches for little Giovanni - such a cute and loving little guy. Sending prayers to Daisy and all who loved Giovanni.

Salem

 

[janiekay]

Thanks for clearing that up! I thought I was keeping abreast of the news, but thought it was possible I missed something. Yes, it is a sad day, and my prayers also go out to Daisy and all who love Gio.

I also pray that justice is served.

 

[Sheromom]

All this time I've been holding out hope that he would be found alive. So very sad; another beautiful child lost to us by one who should have loved him the most.

 

[SheWhoMustNotBeNamed]

Lynn man suspected of killing son is cleared for trial

The father of a missing 6-year-old boy has been cleared to stand trial for allegedly kidnapping his son and for lying to Lynn police when they started searching for the child in August 2008.

[snip]

Gonzalez has not been charged with murder. Steve O'Connell, a spokesman for Essex District Attorney Jonathan Blodgett, whose office has led numerous land and water searches in the Lynn area, said today the investigation is still open and that the search for the boy has not ended.

Gonzalez has pleaded not guilty to the charges he currently faces and is being held without bail.

More: http://www.boston.com/news/local/breaking_news/2010/01/lynn_man_suspec.html

 

[capoly]

Lynn man suspected of killing son is cleared for trial

The father of a missing 6-year-old boy has been cleared to stand trial for allegedly kidnapping his son and for lying to Lynn police when they started searching for the child in August 2008.

[snip]

Gonzalez has not been charged with murder. Steve O'Connell, a spokesman for Essex District Attorney Jonathan Blodgett, whose office has led numerous land and water searches in the Lynn area, said today the investigation is still open and that the search for the boy has not ended.

Gonzalez has pleaded not guilty to the charges he currently faces and is being held without bail.

More: http://www.boston.com/news/local/breaking_news/2010/01/lynn_man_suspec.html

As is your way, your thoughts are never far from so many little ones. You are truly appreciated.....while I can handle searching the news on adult cases when it appears likely the odds of survival are slim.....am unable to search for news on a child under similar circumstances.

That said......thank God.....and every other power that be...Ernesto was cleared for trial.

 

[SheWhoMustNotBeNamed]

Missing boy’s father deemed fit for trial; mother still hopeful

Daisy Colon said yesterday that she does not want the people she believes are holding her 6-year-old son captive to be sent to prison. All she wants is his safe return.

Colon spoke one day after her former boyfriend was found competent to stand trial on charges of parental kidnapping and lying to authorities, the only charges so far brought against Ernesto Gonzalez Jr. for his alleged role in the disappearance of Giovanni Gonzalez.

Colon said she does not care if Gonzalez, 38, who once told a Globe reporter he killed their son, spends another day behind bars as long as he tells the truth about the child.

“All I care for is my son,’’ Colon, of East Boston, said in a telephone interview yesterday. “I know my son is alive.’’

More: http://www.boston.com/news/local/ma...ather_of_missing_boy_is_deemed_fit_for_trial/

 

[BOTLOF]

Has the body been found? From all the posts I've read, I'm getting rather confused. Mother holds out hope that he's still alive, but yet there are DNA tests going on. He's still listed on the NCMEC and my site and I do not want to take him off if no body has been found.

 

[believe09]

Has the body been found? From all the posts I've read, I'm getting rather confused. Mother holds out hope that he's still alive, but yet there are DNA tests going on. He's still listed on the NCMEC and my site and I do not want to take him off if no body has been found.

Giovanni's blood has been found on floor boards and a knife I believe. That is the only info that has been released-PD is keeping very closed mouthed.

 

[SheWhoMustNotBeNamed]

Yep, believe is right. Only blood. No body. (Sorry to repeat. Just using it as a bump for Giovanni.)

 

[SheWhoMustNotBeNamed]

Missing boy's mom to dad: 'Just talk'

It's time for the father of missing Giovanni Gonzalez to "just talk," the boy's frustrated mother said Tuesday.

Daisy Colon sat in Essex Superior Court watching as the boy's father, Ernesto, stood listening silently as his attorney argued to keep evidence seized in searches of Gonzalez' Lynn apartment from being admitted in Gonzalez' yet-to-be scheduled trial.

After Justice John Lu took Lawrence McGuire's motions under advisement and set a March 8 date for ruling on them, Gonzalez walked within feet of Colon on his way out of the courtroom.

"It's frustrating," Colon said following Gonzalez' appearance. "I just want him to end it and just talk."

More: http://www.itemlive.com/articles/2010/02/10/news/news01.txt

 

[SheWhoMustNotBeNamed]

Lynn missing boy evidence allowed

A Superior Court judge has ruled against a defense lawyer's attempt to prevent evidence gathered from the apartment of Ernesto L. Gonzalez, the Lynn father charged with parental kidnapping and willfully misleading a person in the investigation involving the disappearance of his 5-year-old son in 2008, from being introduced at his trial.

[snip]

Gonzalez has pleaded innocent to the charges lodged against him. He remains held without bail pending the outcome of his case.

A new defense attorney, Christopher Skinner, from the Committee of Public Offenders, will be filing his appearance at the next scheduled court date on March 29. He was unavailable for today's hearing. McGuire has retired from the committee.

More: http://www.itemlive.com/articles/2010/03/09/news/news01.txt

 

[SheWhoMustNotBeNamed]

Video at link: http://www1.whdh.com/news/articles/local/BO137368/

 

[SheWhoMustNotBeNamed]

Bumping for Giovanni and his mamma. Saw an article from the end of March that said Ernesto got a new lawyer. Can't get to it to read it though.