Everlyse Cabrera
Girl, 2, who was living with foster parents, disappeared in June
The foster parents responsible for a 2-year-old girl who disappeared in June face court action that seeks to force their cooperation in a civil lawsuit.
Manuel and Vilma Carrascal have been largely silent since they told police that Everlyse Cabrera had opened the door of their North Las Vegas home and wandered out during the night, but attorneys for the natural parents want to know more.
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"We're doing our best to get answers," said David Gibson, who represents Ernesto Cabrera and Marlena Olivas, who had their daughter removed from their custody because of their drug use. "And we're not going to stop."
The Carrascals originally were named in a federal court lawsuit filed by Cabrera and Olivas after Everlyse disappeared. They, with Clark County and staff members of the Clark County Department of Family Services, are blamed in the lawsuit for failing to safeguard Everlyse, who was in protective custody.
The Carrascals since have been dropped from the lawsuit after agreeing to a $300,000 settlement to be paid by a private company that insures foster parents.
But Gibson said Wednesday that does not preclude the Carrascals from being called as witnesses against the remaining civil lawsuit defendants. The Carrascals have declined to answer questions during depositions, invoking their Fifth Amendment right against self-incrimination.
Gibson and attorney Gregory Mills on Friday filed a motion to compel the Carrascals to respond to deposition questions. The information being sought covers the Carrascals' financial history, their track record as foster parents for Clark County Family Services and details of what occurred in the time leading up to the disappearance of Everlyse, which was reported to police on June 10.
In their initial interview with North Las Vegas police, the Carrascals detailed what they thought happened to Everlyse: how she scooted a chair to the door, unlocked it and left the house. The Carrascals have refused to be re-interviewed by police.
Tim Bedwell, spokesman for the North Las Vegas police, said that investigators would like to speak with the Carrascals again. The disappearance is being treated as a missing persons case, and although more than nine months have passed since the child was seen, Bedwell said investigators have not given up on the case.
"We know that someone knows what happened to this little girl," Bedwell said. "We often have cases where small children get away from a parent and are turned in by someone. It's not that unusual for a child to get out of a house."
What is unusual, Bedwell said, is for such incidents to occur at night and involve such a young child. Most missing children are reported during the day and almost always are found. And most people who see a young child alone on the street are going to call police, Bedwell said. Extensive searches for Everlyse have turned up nothing and Bedwell said that police are desperate for a break.
"I wish there was something more I could say," Bedwell said. "This is something that eats at our detectives every day."
Police are asking that anyone with information on Everlyse report it to 1-800-THE-LOST.