On Wednesday, December 18, 2024, the NH Journal reported that a Merrimack Superior Court judge denied a request to remove New Hampshire Attorney General John Formella from a criminal case involving Associate Supreme Court Justice Anna Barbara Hantz Marconi. The ruling, issued by Judge Martin Honigberg, concluded that Hantz Marconi failed to provide sufficient evidence to support claims of a conflict of interest related to Formella’s professional relationship with Governor Chris Sununu.

In the court’s ruling, Honigberg stated that while Formella’s legal career has been significantly influenced by his association with Sununu, this alone does not warrant disqualification from the case. The judge emphasized that there must be concrete evidence of partiality or bias, which Hantz Marconi did not demonstrate. “Even assuming AG Formella owes much of his legal career to Gov. Sununu, the Court is not convinced that such a history requires disqualification without a factual basis,” Honigberg wrote.

Hantz Marconi is facing allegations of attempting to influence Sununu and Pease Development Authority Board Chair Steve Duprey on behalf of her husband, Geno Marconi, who is under investigation for alleged criminal activities. Geno Marconi has been charged with improper handling of private driver records and destruction of evidence related to his case.

In response to the ruling, Richard Guerriero, one of Hantz Marconi’s attorneys, indicated that they may pursue an appeal. He expressed disagreement with the judge’s decision, asserting their commitment to contesting the allegations against Hantz Marconi vigorously.

The controversy stems from Hantz Marconi’s purported efforts to intervene in her husband’s legal troubles, which her legal team claims creates a disqualifying conflict for Formella. They requested the appointment of a special prosecutor and the dismissal of charges against Hantz Marconi, arguing that the prosecution’s alleged bias compromised the integrity of the grand jury process.

Governor Sununu challenged these claims, asserting that Formella is committed to maintaining an impartial stance in prosecutions. During a press conference following the judge’s decision, Sununu dismissed reports suggesting any impropriety in his interactions with Formella regarding the case. He labeled an NHPR report about a meeting he attended with Formella and other officials as “complete garbage” and denied that their discussions implied any wrongdoing.

Sununu clarified that his relationship with Formella does not interfere with the legal proceedings, stating, “The attorney general has never questioned me,” and emphasized the distinction between the cases involving Hantz Marconi and her husband. He reiterated that the legal issues surrounding Hantz Marconi are separate from those concerning Geno Marconi.

 

 

Source: NH Journal