New Hampshire
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.
New Hampshire
Judge strikes down challenge to NH absentee voting law
A superior court judge has dismissed a lawsuit filed by a group of visually impaired New Hampshire voters who argued a newly passed absentee voter law violates the state constitution.
In a lawsuit filed this summer, the plaintiffs alleged the measure, which was backed by state Republicans, places a disproportionate burden on people with disabilities by making it harder to vote.
On Friday, New Hampshire Superior Court Judge David Ruoff dismissed the case, ruling that the new policies are reasonable.
The new law requires people requesting an absentee ballot to prove their identity in one of three ways: either mail in a photocopy of an ID, along with their ballot application; have their ballot application notarized; or show an ID at town hall prior to an election.
In his opinion, Ruoff said, “The identification requirements impose ordinary burdens on all absentee voters, and the possibility that it may cause additional burden on a subset of absentee voters does not render the entire statute unconstitutional.”
It isn’t clear if the plaintiffs will appeal the ruling to the New Hampshire Supreme Court.
“We appreciate the Court’s recognition that the identification requirements for absentee voters are reasonable, constitutional, and consistent with New Hampshire’s long-standing election practices,” said New Hampshire Attorney General John Formella, who defended the law in court.
New Hampshire residents who vote in person are already required to show an ID at the polls when requesting a ballot. Supporters of the new law say the same safeguards should be in place for those voters who request an absentee ballot.
New Hampshire
Reduced federal funds to boost broadband in New Hampshire – Valley News
Despite some angst that the Trump Administration might vaporize the money, funds are coming to New Hampshire to expand broadband internet access throughout the state, although the amount isn’t what was originally allocated.
The recently announced funding is $18.6 million, significantly less than the original $196.5 million.
The news was, nevertheless, greeted with bipartisan enthusiasm.
“New Hampshire is proud to be No. 1 in the nation for internet connectivity, and this new federal funding we have secured will help us reach our goal of delivering reliable broadband access to everyone in our state,” Republican Gov. Kelly Ayotte said in a statement.
“Having worked on the broadband provisions in the bipartisan infrastructure law, I know how important internet connectivity is for small businesses to grow and compete, for students to learn and thrive and for those in remote areas to access health care,” said Democratic U.S. Sen. Jeanne Shaheen.
The broadband funding is $18.6 million. It comes from the Broadband Equity Access and Deployment Program (BEAD), part of the Infrastructure Investment and Jobs Act of 2021, bipartisan legislation passed and enacted during the President Joe Biden administration.
Originally, the state was slated to get $196.5 million from BEAD for 9,527 locations across the state, especially in rural areas where access to broadband internet can be difficult because of distance, terrain and lack of infrastructure.
With the arrival of Donald Trump in the White House, given his disdain for the Infrastructure Act, he signed an executive order that paused a disbursement of all funds related to the bill, pending a review by his new administration.
Subsequent policy changes from the National Telecommunications and Information Administration (NTIA), an agency within the U.S. Department of Commerce, worried the state’s Democratic congressional delegation that the changes could derail the disbursement of the state’s $191 million in BEAD funds.
“The administration has now removed discretion from state and local communities, instead requiring that BEAD funds be allocated solely to the lowest-cost projects — even if those projects deliver extremely low-quality internet service to rural areas. This change is especially harmful to rural Granite Staters, who may now be limited to slow, weather-dependent internet,” the delegation wrote in August to U.S. Secretary of Commerce Howard Lutnick.
And, indeed, the changes meant that the $191 million originally slated for the Granite State had been trimmed to the newly announced $18.6 million, reducing the new broadband locations from 9,527 to 5,250.
The Trump Administration saw the policy changes as a means to distribute the money in a more cost-effective manner. That was recognized by the administration with the completion of the state’s application process for the funds.
“Congratulations to New Hampshire for getting their BEAD Final Proposal over the finish line,” said U.S. Department of Commerce Assistant Secretary for Communications and Information and NTIA Administrator Arielle Roth. “The state’s commitment to cutting excessive costs and technology diversity resulted in a strong deployment plan that will achieve universal connectivity across the Granite State.” Roth’s statement was provided by the governor’s office.
The state’s approved plan accelerates the timeline for implementation, with the hope that the state will be fully broadband wired by the end of next year.
The state’s proposal for upgrades includes a mix of coax, fiber, and satellite connections provided by Comcast, Consolidated Communications, New Hampshire Electric Co-op, and SpaceX.
Contracts for the work still have to be approved by the governor’s Executive Council.
Congressional Democrats at least seem happy that they got what they could get. And everyone seems to be putting a happy face on the news of the reduced funding.
“Everyone deserves access to high-speed, reliable internet no matter where they live,” said U.S. Sen. Maggie Hassan. “I worked with my colleagues to negotiate and pass the bipartisan infrastructure law to help expand access to reliable internet, and am glad to see our state one step closer to ensuring that everyone has access to broadband. I will continue to push for federal funding that supports Granite state families and small businesses and ensures that communities across our state, including in rural areas, can grow and thrive.”
“Under the bipartisan infrastructure law, Congress worked together to approve critical investments that are making our communities safer, stronger, and more prosperous. Access to high-speed internet is a necessity for every city and town, and it helps businesses compete, ensures students can learn, and allows patients to see a provider. This funding should never have been threatened or delayed, and I’m relieved that it will soon be delivered to New Hampshire,” said 1st District U.S. Rep. Christopher Pappas. “I will continue working to secure resources that modernize our infrastructure and improve Granite Staters’ quality of life.”
“Access to reliable, high-speed internet is not a luxury. It is a lifeline and economic driver for hardworking families, small businesses, farmers, and rural communities across our state,” said 2nd District U.S. Rep. Maggie Goodlander. “I look forward to seeing these federal dollars put to work quickly and effectively to deliver for New Hampshire.”
Ayotte pointed to a recent report that shows New Hampshire is the No. 1 internet connected state in the country.
Reviews.org used census data and reported in October that 95.37% of all households in the Granite State are connected to the internet.
“Expanding broadband will help keep our communities safe, grow our economy, improve access to health care in our rural communities, and more. I thank the Department of Commerce for helping us continue to get more Granite Staters connected,” Ayotte said in her statement.
The state’s broadband application process and oversight are the work of the state Department of Business and Economic Affairs (BEA).
“This investment is critical in reaching the last mile in bringing high-speed service to rural towns, which will support small businesses, enable remote work, and increase access to educational opportunities, healthcare, and other facets of our quality of life,” said Matthew Conserva, program manager of the BEA Office of Broadband Initiatives.
These articles are being shared by partners in The Granite State News Collaborative. For more information visit collaborativenh.org.
New Hampshire
Hudson, NH Police arrest four following drug trafficking investigation
HUDSON, N.H. — A monthslong investigation into drug trafficking resulted in multiple arrests, the seizure of various narcotics — including fentanyl and methamphetamine — and the recovery of firearms.
The Hudson Police Department announced in a press release on Thursday that the four charged were Kenny Eustate, 40, of Hudson; Matthew Williams, 42, of Manchester, New Hampshire; Sarah LaFond, 36, of Manchester, New Hampshire; and Karen Makela, 41, of an unknown address.
On Oct. 30, the Hudson Police, working alongside the Drug Enforcement Administration and the Southern New Hampshire Special Operations Unit, executed a search warrant at a residence in their town. Police said officers discovered fentanyl, methamphetamine, prescription medications, firearms, and other evidence linked to drug distribution.
Three individuals were taken into custody at the scene, including Eustate, arrested on active warrants for sale of controlled drugs and failure to appear. Police said that evidence recovered during the search led to additional charges levied against Eustate, including being a felon in possession of a deadly weapon.
Williams and LaFond were both arrested on outstanding burglary and theft warrants issued by the Manchester Police Department.
The investigation continued, leading to the arrest of Makela on Dec. 3. Makela faced charges of sale of controlled drugs and two counts of breach of bail. According to police, at the time of her arrest, she was found in possession of fentanyl and methamphetamine, resulting in additional drug possession charges.
Makela was arraigned on Dec. 4 in the 9th Circuit Nashua District Court and held on preventative detention.
Eustate was also arraigned in the 9th Circuit Nashua District Court and held on preventative detention.
Williams and LaFond were booked by the Hudson Police before being released to authorities in Manchester.
“The Hudson Police Department would like to thank the DEA, and the Southern New Hampshire Special Operations Unit for their continued assistance and support throughout the investigation,” police said in the release.
Follow Aaron Curtis on X @aselahcurtis, or on Bluesky @aaronscurtis.bsky.social.
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