New Hampshire

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

Published

1 year ago

December 2, 2024

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.

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.

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.

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.

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.

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

New photo released in unsolved 1997 homicide of a N.H. woman

Published

2 hours ago

March 2, 2026

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New photo released in unsolved 1997 homicide of a N.H. woman

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“Our family wants to know what happened, who did this and why,” said the family of the victim.

A new photo has been released of the victim in a nearly 30-year-long unsolved murder case, in the hope of finding any new potential witnesses in the cold case, New Hampshire officials said.

“Our family wants to know what happened, who did this and why,” the family of Rosalie Miller said in a press release. “We miss her and want to give her peace.”

Miller was last seen on December 8, 1996 at her apartment in Manchester. At the time of her disappearance, Miller had plans on meeting friends in the Auburn, New Hampshire area, officials said.

Her body was found on January 20, 1997 in a partially wooded spot on a residential lot along the Londonderry Turnpike in Auburn, officials said in the release.

The autopsy report declared Miller’s death a homicide by asphyxiation due to ligature strangulation, N.H. officials wrote.

As part of a new effort to garner public help with the case, an “uncirculated” photo of Miller, 36, is being distributed “in hopes it may jog the memory of someone who saw or spoke with her in the winter of 1996,” Attorney General John M. Formella and New Hampshire State Police Colonel Mark B. Hall announced on behalf of the New Hampshire Cold Case Unit in a joint press release.

Investigators are especially hoping to talk to anyone who was in contact with Miller in December of 1996 or anyone “who may have seen her in the vicinity of the Londonderry Turnpike in Auburn during that time,” officials said in the release.

The newly released photo of Rosalie Miller, 36, who was strangled to death nearly 30 years ago. – Attorney General John M. Formella and New Hampshire State Police Colonel Mark B. Hall

“We are releasing this new photograph today because we believe someone out there has information, perhaps a detail they thought was insignificant at the time, that could be the key to solving this case and bringing justice for Rosalie and those who loved her,” Senior Assistant Attorney General R. Christopher Knowles, New Hampshire Cold Case Unit Chief said in the release.

The New Hampshire Cold Case Unit encourages anyone with any amount of information to contact the group at [email protected] or (603) 271-2663.

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New Hampshire

Former president of NH-based charity sentenced after stealing $350K

Published

14 hours ago

March 1, 2026

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Former president of NH-based charity sentenced after stealing 0K

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New Hampshire

Mass. man struck by car, seriously injured on I-93 in Londonderry, NH

Published

1 day ago

March 1, 2026

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Mass. man struck by car, seriously injured on I-93 in Londonderry, NH

A Massachusetts man was flown to the hospital after he was struck by a car when he stepped out of his vehicle in the breakdown lane of Interstate 93 in Londonderry, New Hampshire, on Saturday morning.

State police say 40-year-old Felix Matos Medina, of Lawrence, had stopped on the right side of I-93 south at Exit 5 just before 11 a.m. to investigate a possible mechanical issue. He was struck shortly after he stepped out of his vehicle by a Chevrolet Malibu and sustained serious injuries.

Medina was taken by medical helicopter to Lahey Hospital and Medical Center in Burlington, Mass., police said. There was no immediate update on his condition.

I-93 southbound was closed near Exit 5 for about 30 minutes to facilitate the medical helicopter’s landing. One lane remained closed for several hours to accommodate crash reconstruction and on-scene investigation.

The driver who struck Medina, identified as David Jodoin, stopped at the scene and is cooperating with investigators, according to police. No charges have been filed at this time, but all aspects of the crash remain under investigation at this time.

Anyone with information that may assist the investigation is asked to contact Trooper Evan Puopolo at 603-451-9784.

State police are also reminding all New Hampshire drivers that Sherrill’s Law requires motorists approaching a stopped vehicle displaying warning signals to slow down and give plenty of space. Drivers are also required to move out of partially or wholly blocked lanes when it’s safe to do so.

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