Concord, NH — Lawyers for New Hampshire Supreme Court Justice Anna Barbara Hantz Marconi entered a courtroom Monday to argue that charges alleging she tried to sway former Governor Chris Sununu should be dismissed for lack of evidence. Meanwhile, prosecutors maintained that the case warrants a jury’s deliberation based on the gravity of the allegations, including two felony indictments.
Hantz Marconi is embroiled in controversy following accusations that she attempted to influence Sununu to derail an ongoing investigation involving her husband, Geno Marconi, who served as the state’s ports director. The charges, stemming from a private meeting in June 2024, have cast a long shadow over her judicial tenure.
During the meeting, which was intended to address her grievances related to the investigation, Hantz Marconi voiced her concerns about the probe’s impact on her professional responsibilities and the broader functioning of the court. She reportedly felt compelled to recuse herself from significant case work, leading to operational challenges.
Her defense counsel, Richard Guerriero, contended that Hantz Marconi’s actions during the private discussion with the governor were within the bounds of legal and free speech rights, emphasizing that the indictments fail to constitute a recognizable criminal offense.
The courtroom argument pivoted on the intent behind Hantz Marconi’s words during the meeting. Assistant Attorney General Joe Fincham argued that discerning her intent—whether it was legally protected or criminally corrupt—should be a matter for trial consideration.
Judge Martin Honigberg, who presides over the case, has yet to decide on the motion to dismiss the charges. The debate extends beyond legal arguments, touching on the implications for free speech and judicial behavior.
Transcripts released from the investigation reveal that both Sununu and his legal counsel at the time, Rudy Ogdin, saw no evidence of undue pressure or improper requests from Hantz Marconi during the meeting. Sununu described the encounter as uncomfortable but devoid of any explicit favors or pressure.
Notably, should the trial proceed, both Sununu and Ogdin are expected to be key witnesses. Chief Justice Gordon MacDonald might also testify, despite his unclear recollection of approving Hantz Marconi’s meeting with Sununu. MacDonald contested the validity of Hantz Marconi’s claims about the judiciary’s struggles during her absences.
In related developments, Geno Marconi faced an indictment the day following the publicity of his wife’s charges, accused of misusing confidential motor vehicle information in a retaliatory act. Additionally, Hantz Marconi is separately charged with attempting to influence Steve Duprey, appointed by Sununu as board chair of the Pease Development Authority, which oversees state ports. This accusation arose shortly after the board, under Duprey’s chairmanship, placed Geno Marconi on administrative leave amid criminal investigations.
As complexities in the case unfold, Hantz Marconi remains on administrative leave from the Supreme Court since last July, awaiting further legal proceedings.
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