Commonwealth v. Gonzalez

Lu, John T., J.

INTRODUCTION

The defendant, Ernesto Gonzalez (Mr. Gonzalez), is charged with misleading the grand jury under G.L.c. 268, §13B(l)(c)(iii) and parental kidnapping of a minor under G.L.c. 265, §26A. Mr. Gonzalez now brings a Mass.R.Crim.P. 13 and Commonwealth v. McCarthy, 385 Mass. 160, 163 (1982), motion to dismiss the kidnapping indictment because the alleged victim was his son, G.G.1 Relying on Commonwealth v. Beals, 405 Mass. 550, 553-56 (1989), Mr. Gonzalez argues that absent a court order denying him custody, the indictment for kidnapping his son cannot stand.

The Commonwealth…