Attorney accused of drug sales threatened by cartel

Attorney Brian Fazio says that he has received five credible threats against his life following the San Bernardino Sheriff's announcement that said he was selling drugs in the Central Detention Center. IELaw.news reported on the Sheriff's May 28 release last month. The department accused Fazio of bringing in drugs to the county jail. The release claims that Fazio, stopped by sheriff's investigators after a visit with a client in the county jail, "was found to be in possession of various suspected narcotics and a digital scale." Fazio's driver, David Montrenes, was first contacted by sheriff's investigators while he was waiting for Fazio to conclude his visit. After the investigation, "search warrants were authored and served at their residences, where additional narcotics were located." Last week, IELaw.news published Fazio's response: drugs were not found at his house and no drugs were found on his person. He hired Montrenes, a former client of his and ride share driver, to drive him from Irvine because Fazio's ongoing health issues related to cancer treatments and military service prevent him from driving long distances. The drugs and scale were all in Montrenes' backpack, Fazio did not know about them until after the arrest, and no drugs were found at Fazio's home. "I had no idea he had a backpack full of drugs," Fazio said. On Wednesday, San Bernardino County Sheriff's Department Spokesperson Jenny Smith confirmed that no additional narcotics were found at Fazio's residence. She did not answer whether the drugs or scale were found on Fazio's body or Montrenes' backpack, but repeated that drugs were found in Fazio's possession. She also confirmed that the model and color of Fazio's car was incorrect in the press release. At the time, Fazio said he had lost his part-time position at a firm due to the press release's description of him. "I think it is pretty clear that they wanted the headlines, and they don't give a damn that they lost my job," Fazio said. Now, he said a cartel has made five threats against him and his mother because he professed his innocence and said the drugs belonged to Montrenes. Irvine police started monitoring his home daily. "They said they would burn my house down," Fazio said. Fazio is also concerned about the attorney-client privilege being violated by the San Bernardino Sheriff's Department. They still have possession of his cell phone, which he used to communicate with clients, and they searched his entire home, which would have included his home office. Clients have reached out to him out of concern of their attorney client privilege being violated, he said. Fazio has asked the Sheriff's Department for the phone back, the identification of any clients whose information were seen by deputies, the affidavit for the search warrant and a correction made to the press release. None of those requests have been fulfilled. No criminal charges have yet been filed against Fazio or Montrenes. Fazio said the responding officer, who he didn't know the name of, accused him of having a substance use problem because of his military service. "I know you disabled veterans have a substance use problem," he said, according to Fazio. "I don't want this happening to another disabled veteran. This shouldn't be happening to anyone," Fazio said. On June 23, the Sheriff's Department put out a press release accusing a private investigator of bringing drugs to the West Valley Detention Center. The sheriff's release claims that the investigator, on June 9, brought envelopes to an inmate which appeared to be coated with an unidentified substance. A narcotics canine alerted to the presence of drugs. The envelope tested positive for the presence of narcotics after it was seized and analyzed. More of the investigator's envelopes were seized at a second visit to the jail on June 23, at which a canine again responded to narcotics. The investigator was booked, but not yet charged.