3 sue state over access to records

3 sue state over access to records

January 11, 2008

By Maureen O'Hagan

Two women and a teenage girl who say they were abused by a foster father filed suit Thursday claiming the state improperly withheld records related to their case.

The records in question relate to the years they lived with Enrique Fabregas, a Redmond man who last summer was sentenced to four years in prison for sexual abuse.

The victim in that case, Estera Tamas, said she was abused by Fabregas beginning when she was 13. She and her sister, Ruth, were Fabregas' foster daughters. The third girl, now 14, was adopted by Fabregas in 1999. (Although The Seattle Times generally does not name victims of sexual abuse, Estera Tamas consented to her name being used. Ruth Tamas claims she was abused physically, not sexually.)

The three had asked for the records in preparation for their $45 million lawsuit against the state Department of Social and Health Services, which they claim failed to remove them from the home. Instead, they claim DSHS brushed aside dozens of complaints against Fabregas and left the girls with him for years.

Now their attorney, David Moody, says the state failed to turn over all of the documentation the law required. Under the Public Disclosure Act, the government can be fined $5 to $100 per document, per day, for improperly withholding information from requesters. The law is designed to allow citizens to learn what their government is doing.

In a statement, DSHS said it spent "hundreds of hours" producing records to fulfill Moody's requests.

"DSHS has complied with the public disclosure laws and never willfully concealed documents in this or any other public records request by Mr. Moody," the statement said.

Maureen O'Hagan: 206-464-2562 or mohagan@seattletimes.com