By Rep. Jack Flanagan, Hillsboro 45
I have known the Marconis both personally and professionally for a number of years. After learning more about their legal cases I cannot remain silent. From legal pleadings on file, Justice Marconi approached Chief Justice MacDonald about explaining to Governor Sununu why she had been recusing herself from cases from the Attorney General’s office. Her husband Geno Marconi had been suspended from his job without reasons which made Justice Marconi concerned of conflicts that may occur but were unknown.
This desire to provide reasons for her recusal to the Governor that appointed her is the basis of the claim against the Justice Marconi. The irony is that the testimony of both the Governor and his attorney was that she didn’t ask them to do anything related to the investigation of her husband. This is when the Lawfare starts. Attorney General Formella has the ability that no other man has and claims that he knew what Justice Marconi was REALLY thinking about during the meeting. That was getting her husband’s case dismissed. She was charged by the AG for something that didn’t happen. She was charged through the Public Integrity Unit without a complaint from anyone. The AG objected to testifying as to how the charges were initiated. The testimony of Chief Justice was blocked by the court. No minutes of the Grand Jury proceedings were recorded by the AG. When you combine the insanity of the case, aggressive prosecution by Attorney General Formella, uncertainty of a jury trial, time and legal costs, I see why Justice Marconi settled the matter.
The original case, the one against Geno Marconi, has an interesting history too. Geno has almost 25 years serving as the head of the State Ports and Harbors. He has been described as one with a strong personality. This doesn’t surprise me since he deals with deep sea fisherman and marine freight shippers. The real issue arises when Geno was suspended without cause.
That is correct, NO REASON!! However, Governor Sununu had intervened to grant a waiver to a seafood restaurant exceeding its permit at Rye Harbor. The restaurant is believed to have connections with the Sununu family. Geno opposed the expansion of the restaurant as incompatible with the harbor operations authorized by statute. At the same harbor, Geno opposed a move to replace the existing shacks with a commercial development. Regardless of Geno’s statutory responsibilities, Attorney General Formella was fixated on finding a way to charge Geno. It took four meetings of the Grand Jury to come up with the current charges. Three deleted voicemails on his cell phone and sharing boat and vehicle information from an applicant for their use at Rye Harbor. This information is provided to the agency he reports to and is listed on their website as a practice. Again insane legal proceedings that cost the family ever increasing legal fees.
To add insult to injury, the seafood restaurant owner is suing the Portsmouth Development Authority and its members individually, including Geno Marconi. It’s interesting that Governor Ayotte is defending and indemnifying everyone EXCEPT Geno Marconi.
If you are asking what am I doing about these abuses, I have taken steps to stop these examples of Lawfare. New Hampshire is the freest state in the freest country. It time our Attorney General starts acting like it.
Representative Jack Flanagan
Hillsboro 45
Serving Hollis, Brookline, Mason and Greenville