Editor’s note: This story will be updated as more information is available.
CONCORD – New Hampshire Supreme Court Associate Justice Anna Barbara Hantz Marconi has been indicted by the Merrimack County Grand Jury for two felonies and five misdemeanors relating to her alleged attempts to interfere with a criminal investigation into her husband, Geno Marconi, according to a news release from Attorney General John Formella.
Some of the indictments involve an alleged conversation she had with Republican Gov. Chris Sununu, and a separate conversation she allegedly had with Pease Development Authority chairman Steve Duprey, who was appointed to the position by Sununu.
Sununu nominated Hantz Marconi to the state Supreme Court in 2017 and she was confirmed by the Executive Council.
In August, a longtime friend of Geno Marconi told InDepthNH.org that he believes Sununu was behind the investigation into Hantz-Marconi to pressure Geno Marconi to resign as director of the New Hampshire Division of Ports and Harbors.
Brad Cook, who formerly owned Atlantic Fishing and Whale Watching in Rye, said then that he believes Sununu is behind the effort to get rid of Geno Marconi because Marconi didn’t agree with the state’s plan to build a controversial elevated strip mall in the Rye Harbor parking lot, a plan that has since been stopped.
Hantz Marconi has been on paid leave from the Supreme Court since July. Her husband, Geno Marconi, the Director for the New Hampshire Division of Ports and Harbors, which is part of the Pease Development Authority, has been on leave since April. Geno Marconi has not been charged with any crime. A spokesman for Formella said: “The criminal investigation into Geno Marconi is a separate matter. It remains open and ongoing.“
Justice Hantz Marconi is charged with two class B felonies – one count of Attempt to Commit Improper Influence and one count of Criminal Solicitation of Improper Influence. Justice Hantz Marconi is also charged with five class A misdemeanors – two counts of Criminal Solicitation of Misuse of Position, one count of Criminal Solicitation of Official Oppression, one count of Official Oppression, and one count of Obstructing Government Administration.
Justice Hantz Marconi’s attorneys, Richard Guerriero, Jonathan Kotlier, and Oliver Bloom released this statement: “Justice Hantz Marconi is innocent. She did not violate any law or rule. We will fight the charges to the fullest extent permitted by the law, starting with motions to dismiss the case which we anticipate filing soon. We intend to fight these wrongful accusations in court, where the fight should occur, and not in the media.”
A felony attempt to commit improper influence indictment said on June 6, Justice Hantz Marconi told Gov. Chris Sununu that an investigation into Geno Marconi was the result of personal, petty, and or political biases; that there was no merit to allegations against or subsequent investigation into Geno Marconi; and or that the investigation into Geno Marconi needed to wrap up quickly because she was recused from important cases pending or imminently pending before the Supreme Court or words to that effect.
The felony criminal solicitation (improper influence) charge alleges Hantz Marconi solicited Sununu June 6 to improperly influence a member or members of the Department of Justice regarding the investigation into Geno Marconi.
A misdemeanor official oppression charge alleges Hantz Marconi tried to interfere with the investigation of Geno Marconi, violating The NH Code of Judicial Conduct.
A misdemeanor criminal solicitation (misuse of position) indictment alleges that on April 19, Hantz Marconi solicited Pease Development Chairman Steve Duprey to secure a governmental privilege and/or advantage for her to which she wasn’t entitled regarding the employment of Geno Marconi/and or an investigation into Geno Marconi.
Read all the indictments here: https://indepthnh.org/wp-content/uploads/2024/10/Indictments-1.pdf
Class B felonies are punishable by up to 3.5 to 7 years in state prison and a fine of up to $4,000. Class A misdemeanors are punishable by up to 12 months in a house of corrections and a fine of up to $2,000.00.
The investigation into this matter is complete. No other individuals were targets of this investigation and the investigation did not uncover wrongdoing by any other person, Formella said.
This case was investigated by the New Hampshire Department of Justice and is being prosecuted by Senior Assistant Attorney General Dan A. Jiménez and Assistant Attorney General Joe M. Fincham II of the Public Integrity Unit.
