The Fresno County Sheriff’s Office will not recommend smuggling charges be filed against Tony Capozzi, a prominent Fresno defense attorney who was under investigation after allegedly dropping off a box containing contraband to a client at the Fresno County Jail in October.
Spokesman Tony Botti said two other men – one of whom is currently in jail on unrelated charges – were identified as suspects in the case. He added that “the evidence shows there are no grounds for detectives to request charges be filed against Capozzi.”
Botti said Capozzi was cooperative when he met with detectives for an interview.
“Based upon the gathered statements and the forensic results of the evidence, detectives could not prove that Capozzi knowingly or intentionally smuggled the items into the jail,” Botti said.
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The investigation stemmed from an Oct. 11 incident in which Capozzi visited an inmate with a cardboard box filled with documents.
Capozzi left the box with his client in an open visitation room and left the jail.
Guards later discovered a hidden compartment containing cellphones and over-the-counter medication under the documents.
Capozzi said Monday he was confident he would be cleared in the investigation, and he was pleased to have an official conclusion.
The smuggling case remains ongoing. Anyone with information is asked to call Sgt. Kent Jones at 559-600-8008.