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Conflict for prosecutors in NH Justice Hantz Marconi’s case? Judge to decide

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Conflict for prosecutors in NH Justice Hantz Marconi’s case? Judge to decide


CONCORD — A judge is considering whether New Hampshire Attorney General John Formella and his staff should be blocked from prosecuting New Hampshire Supreme Court Associate Justice Anna Barbara Hantz Marconi. Her attorneys allege a conflict of interest due to the attorney general serving Gov. Chris Sununu, a key witness in her case.

Hantz Marconi, 68, a Stratham resident, has been charged in a high-profile case for allegedly interfering in the state’s criminal investigation into her husband, Geno Marconi, 73, the longtime New Hampshire Ports and Harbors director. Hantz Marconi has pleaded not guilty to two Class B felonies and five misdemeanor counts.

Merrimack County Superior Court Judge Martin Honigberg, who heard arguments from both sides Monday, will decide whether state prosecutors can try Hantz Marconi’s case or whether they should be replaced by outside counsel, in accordance with the defense’s request. 

Hantz Marconi is accused of speaking with both Sununu and Pease Development Authority board of directors chairperson Stephen Duprey to influence the criminal investigation into her husband, actions her defense argues are protected by the First Amendment and through judicial immunity. 

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Hantz Marconi’s attorney makes case in court

Richard Guerriero, a lawyer for Hantz Marconi, filed a joint motion on Oct. 31 to dismiss the seven charges against her and disqualify the New Hampshire Attorney General’s Office from prosecuting the case. The attorney has claimed that Formella cannot be unbiased in the case as Sununu’s pick for state attorney general.

On Monday, Guerriero furthered the argument, saying in court the state should hire outside counsel to try Hantz Marconi’s case rather than existing state prosecutors. Guerriero said Formella previously served as legal counsel for Sununu, who he described as “the key witness in this case.”

“In the simplest terms, our position starts with the reality that every accused person is entitled to a prosecutor who is impartial, and that’s a constitutional right, as we’ve outlined in our proceedings and our pleadings,” Guerriero said.

The charges in Hantz Marconi’s indictment accuse her of telling Sununu the investigation into Geno Marconi was the result of “personal, petty and/or political biases.” The indictment further alleges she felt the investigation “needed to wrap up quickly because she was recused from important cases pending or imminently pending before the New Hampshire Supreme Court,” per the October charging documents. 

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Past case filings from Guerriero state Hantz Marconi requested a meeting with Sununu through his staff, which was then allegedly held with the governor’s legal counsel present during regular business hours. Her attorney also states the meeting was approved by New Hampshire Supreme Court Chief Justice Gordon MacDonald.

“I don’t think we can ignore the fact that Attorney General Formella has a particularly close relationship … with this one very powerful public official,” Guerriero said. “His (Formella’s) personal interests are directly tied to this very powerful and important witness, and under that unique circumstance, not any other circumstance in this case, there is a limitation that’s not fair to the defense.”

Sununu appointed Formella to be the attorney general in 2021. Hantz Marconi was nominated to the New Hampshire Supreme Court by Sununu in 2017 and was sworn in by the governor in August the same year.

Honigberg, the presiding judge in Hantz Marconi’s case, took the matter under advisement and noted a decision on Guerriero’s motion to disqualify state prosecutors will be released at a future date.

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Hantz Marconi and Guerriero both declined to speak to reporters after the Monday afternoon proceeding ended.

Attorney general’s prosecutors argue their side

Joe Fincham, assistant attorney general, and Dan Jimenez, senior assistant attorney general, are prosecuting Hantz Marconi’s case. They fought against Guerriero’s motion to disqualify their office from prosecution, stating their office is impartial in the case.

“At it’s heart, it was a motion that, in our estimation, basically demanded special treatment. Just like we would in any other case, we objected, because no one, justice or citizen, is entitled to special treatment in criminal prosecutions,” Fincham said after the motion hearing Monday.

Hantz Marconi remains free on bail

Hantz Marconi was charged with one count of attempting to commit improper influence and one count of criminal solicitation of improper influence, both felonies. She was also charged with 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, all Class A misdemeanors.

Hantz Marconi is free on personal recognizance bail.

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Guerriero previously requested prosecutors compile a bill of particulars of all her alleged criminal activity if all the charges against her are not dismissed. 

Hantz Marconi was charged before her husband, Geno Marconi

The New Hampshire Attorney General’s Office announced on Oct. 16 that a Merrimack County Superior Court grand jury indicted Hantz Marconi on the seven charges. A day later, a Rockingham County grand jury’s charges against Geno Marconi were released. 

Geno Marconi was charged with two Class B felony counts for allegedly tampering with witnesses and informants and falsifying physical evidence. He was also hit with four Class A misdemeanors – two counts of Driver Privacy Act violations and two counts of obstructing government administration.

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The state’s port director appeared in Rockingham County Superior Court last week, pleading not guilty to six state charges. A county judge approved conditions calling for Geno Marconi to be free on personal recognizance bail and a no-contact order preventing him from discussing the facts of the case with all staff of the Pease Development Authority and the agency’s board of directors.

The criminal charges against the Stratham couple were preceded by both Marconis being placed on leave from their respective positions. 

Hantz Marconi, the third woman to sit on the state’s high court, has been on paid administrative leave from the state Supreme Court since July 25. The order regarding her leave was extended by the remaining Supreme Court justices in mid-October.

In April, Geno Marconi was placed on paid leave from his position, which is overseen by the Pease Development Authority. 



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New Hampshire

Explosions Reported During Concord Homeless Camp Fire Near Route 106

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Explosions Reported During Concord Homeless Camp Fire Near Route 106


CONCORD, NH — Concord firefighters were kept busy Sunday with an early morning homeless camp fire.

Fire and rescue teams, as well as police, were sent to Route 106 around 12:15 a.m. for a report of a fire. The first report came into police dispatch, with the caller reporting “a lot yelling” and a few 911 calls from the area of Osborne’s Farm & Garden Center of Concord/Agway.

“It sounds like a homeless camp might have just blown up,” the dispatcher said to officers sent to the area.

Capital Region fire dispatch then took a report from a resident on North Pembroke Road after they heard explosions. They said the fire was behind ADF Flooring, about a block from the police call.

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“(The camp is) most definitely on fire, and things are exploding now,” the dispatcher said.

Officers arrived at Osborne’s and began searching the area but did not find the camp or the fire.

“It’s all quiet back here,” one officer said.

The police dispatcher attempted to reach the caller, but they did not answer their cell phone.

A few minutes later, firefighters arrived, and a commander confirmed heavy fire coming from a large homeless camp behind ADF Flooring. Officers also drove to the area. The firefighters stretched hoses to the fire, and a second engine pump was requested.

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Around 12:45 a.m., a fire commander asked if more firefighters were needed since there was some concern about the fire spreading. Video from the scene showed flames at least 15 feet high in spots in a densely wooded area. According to scanner chatter, a firefighter reported later that the bulk of the fire appeared to have been knocked down.

A police officer reported to dispatch that no one appeared to be injured.

Around 1 a.m., a commander requested station coverage by other firefighters, saying they would be at the scene “for a little bit.”

Around 1:30 a.m., the fire was completely extinguished and firefighters began clearing the scene.

News 603 posted videos from the incident on Facebook here:

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And here:

The cause of the fire is unknown at post time.

Concord NH Patch will update this post when and if more information becomes available.

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Driver, 19, seriously hurt in Merrimack crash that temporarily closed Everett Turnpike

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Driver, 19, seriously hurt in Merrimack crash that temporarily closed Everett Turnpike


A 19-year-old was seriously injured in a single-vehicle crash that closed the northbound side of the F.E. Everett Turnpike in Merrimack, New Hampshire, for a couple of hours Saturday evening.

NH State Police say troopers, along with the Merrimack Fire and Rescue Department and the state department of transportation, responded around 4:28 p.m. to reports that a vehicle had crashed into construction barrels at the Exit 10 offramp.

Responding crews found a Honda Accord off the roadway with heavy front-end damage, and a driver who had sustained serious injuries.

Police initially released limited information, saying only that a crash had closed the highway at Exit 10, and that drivers should anticipate delays and detours, avoiding the area if possible.

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Police said later Saturday that a preliminary investigation showed the Honda, driven by Michael Ruiz, struck the barrels and traveled down an embankment to the edge of the woods.

Ruiz’s injuries are serious but non-life threatening, according to police. There were no other vehicles involved, and no one else was hurt.

All northbound lanes of the highway were closed at Exit 10 for about two hours while debris was cleaned up, and the Honda was removed from the scene.

Speed appears to be a factor in the crash, police said, and Ruiz was cited for reckless driving.

All aspects of the crash remain under investigation, police added, and anyone with information that may assist the investigation is asked to contact Trooper Matthew Howe at 603-223-4381 or Matthew.S.Howe@DOS.NH.GOV.

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'Magical' Massachusetts boy, 12, identified as victim in fatal run-in with tree on New Hampshire ski slope

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'Magical' Massachusetts boy, 12, identified as victim in fatal run-in with tree on New Hampshire ski slope


A 12-year-old boy from Massachusetts was remembered as a “magical” middle school student after he died after an accident at a New Hampshire ski slope.

Jack Murrary, 12, was skiing at Cranmore Mountain in Conway, New Hampshire, New Year’s Eve when he struck a tree while navigating an intermediate trail. Authorities said in a release the young boy was wearing a protective helmet at the time of the accident.

The Conway Police Department said he was found unconscious and was rushed to MaineHealth Memorial Hospital, where he was pronounced dead.

“Born on May 23, 2012, he is the adored son of Paul and Crystal and the loving and best ‘big bro bro’ to Finley Murray of Weymouth. Jack is the most magical little boy and was on his way to becoming a truly exceptional man,” his obituary says.

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SKI ACCIDENT ON NEW HAMPSHIRE MOUNTAIN KILLS 12-YEAR-OLD BOY

Twelve-year-old Jack Murray was identified as the victim of a skiing accident in Conway, N.H., Dec. 31. (Keohane Funeral Home)

“His positivity and laughter are infectious. He is a loving and patient person who always sees the best in people. Jack is compassionate, empathetic and gives the best hugs. Jack is the greatest child a parent could ask for, and we are all better people for having known him.”

Jack, who played drums in the school band, had a GoFundMe established in his memory, and his family asked people to honor his life by donating to a music program in lieu of flowers.

“Helping other aspiring musicians like Jack get access to enrich their lives through the arts is a wonderful way to honor Jack’s memory,” his father, Paul Murray, wrote on the GoFundMe page.

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Jack Murray

Jack Murray was remembered for his passion for life and his varying interests.  (GoFundMe)

In his obituary, the 12-year-old was remembered as a “bright light,” with his family listing an impressive list of interests the middle school student was passionate about.

“The brightest shining lights in life never shine long enough and Jack was that bright light for so many,” the obituary said. “Despite his short life he did more in twelve years than most do in a lifetime.”

HIGH SCHOOL BASKETBALL COACH DEAD, 8-YEAR-OLD DAUGHTER MISSING AFTER CHRISTMAS EVE TRAGEDY

Murray was remembered for being a budding entrepreneur, playing soccer and the trombone and drums and for his artistic ability.

“Jack loved his family, friends and neighbors (told them that regularly) and he knew how much he was loved back. Jack’s absence will leave a hole in the hearts of everyone who knew him and the entire Weymouth community,” his family said. 

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“We ask that everyone take inspiration from the way Jack lived his short life and apply that to your own lives. We love you Jack always and forever!”

Cranmore Mountain Resort

Skiers and riders make their way down the mountain at Cranmore Mountain Resort in North Conway, N.H. (Jessica Rinaldi/The Boston Globe via Getty Images)

In a statement after the accident, a spokesperson for Cranmore Mountain Resort shared condolences for “this tragic loss.”

“On behalf of Cranmore Mountain Resort, our thoughts and prayers go out to the family,” a resort spokesperson said. “The entire Cranmore family grieves for this tragic loss.”

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Conway Police Chief Christopher Mattei echoed the ski resort’s sentiment, saying: “On behalf of the Conway Police Department and all the first responders who assisted, I would like to offer my deepest condolences to the family members of the 12-year-old boy.”

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Fox News Digital’s Christina Shaw contributed to this report.





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