New Hampshire
Prosecutors can keep handling their case against N.H. Supreme Court justice, judge rules – The Boston Globe
“Unlike private attorneys, government attorneys are presumptively entrusted to be impartial unless a defendant can demonstrate actual bias,” Honigberg wrote.
Hantz Marconi, 68, is accused of trying to interfere with a criminal investigation into her husband, Geno J. Marconi, 73, the long-serving director of the New Hampshire Port Authority. She faces felony and misdemeanor charges for a conversation she had with Governor Christopher T. Sununu on June 6, when she allegedly said the investigation into her husband was meritless and needed to wrap up quickly.
Although she argues the meeting was entirely above-board, Hantz Marconi was indicted on felony charges of attempting to commit improper influence and criminal solicitation of improper influence. She was also charged with making an inappropriate request in April of the chairperson for the Pease Development Authority, which oversees the port authority.
Her husband has been indicted on charges of felony witness tampering and obstructing government administration. He’s accused of providing confidential motor vehicle records about one person to another in early April. He’s also facing misdemeanor charges that he falsified physical evidence and obstructed government administration in late April by deleting one or more voicemails.
After her indictment, Hantz Marconi’s attorneys argued that Formella could not be an impartial prosecutor, given his closeness to Sununu, a “very powerful and important witness” in this case. They argued Formella has conflicts stemming from his current official duties and from his prior roles representing Sununu in his personal capacity. They asked the court to either dismiss all the charges or have a special prosecutor appointed.
Honigberg, however, rejected their argument with a 15-page order highlighting material differences between past cases and the one at hand.
“Under the Supreme Court’s precedents, a defendant must do more than speculate about a potential conflict but rather demonstrate that one is likely to occur,” he wrote, noting that Hantz Marconi will be able to present evidence in the future if she discovers “that she has suffered harm from an actual, not speculative conflict.”
Honigberg wrote that Hantz Marconi’s attorneys had advanced a legal theory that would effectively have courts disqualify the New Hampshire Attorney General’s Office from prosecuting any criminal case in which a member of the state’s executive branch would need to serve as a witness. That theory “runs counter to the statutory duties imposed on the Attorney General and is not supported by the Supreme Court’s precedents,” he wrote.
In a statement, Hantz Marconi’s defense attorneys — Richard Guerriero, Jonathan Kotlier, and Oliver Bloom — said they disagree with Honigberg’s decision and could appeal it at some point in the future.
“However, this was a preliminary issue arising in the earliest stages of the case,” they said. “Rest assured, we will continue to fight the Attorney General’s accusations on every lawful basis until Justice Hantz Marconi is vindicated.”
In fact, the defense team has already queued up Hantz Marconi’s next gambit to have her indictment dismissed in its entirety. In a filing on Nov. 8, her attorneys introduced an alternative argument that her alleged conduct was protected by the First Amendment, the constitutional right of redress, and judicial immunity.
Honigberg wrote in his order on Tuesday that he anticipates the prosecutors will file a response to the Nov. 8 motion within the next 15 days.
A spokesperson for the attorney general’s office did not immediately respond Wednesday to a request for comment on Honigberg’s order.
Hantz Marconi, who was appointed by Sununu to the state’s highest court in 2017, faces up to three and a half years to seven years in state prison for each of the two felony charges. She also faces up to 12 months in jail for each of five misdemeanors.
Speaking to reporters Wednesday afternoon, Sununu pushed back on recent news coverage and said Formella has handled these cases independently.
“John Formella goes to the nth degree to ensure firewalls are in place, what is transmitted between the Justice Department and either my office or legislators, elected officials, or the public is always above board,” he said. “That’s the best part of John Formella.”

Sununu said he thinks a recent report by New Hampshire Public Radio was “complete garbage.” The report, which noted that Sununu met with Formella and members of the Pease Development Authority board on April 16, said the closed-door gathering “raises new questions about the role Sununu played in Marconi’s removal from office and the ensuing criminal charges.”
Sununu countered that the April 16 meeting was when Formella “let us know” that an investigation into Marconi was underway. He said he has respected Formella’s independence throughout the process.
“I keep myself very apart from things, especially in the attorney general’s office. I respect the attorney general’s role,” Sununu said.
“To this day, you know what I know about those indictments? Exactly what you have read in the indictments,” he added. “I read them on the same day you read them with the public. I didn’t get a heads up on any of this because it doesn’t concern me.”
The potential witnesses in Marconi’s case include members of the Pease Development Authority board, staffers with the New Hampshire Division of Ports and Harbors, and Bradley J. Cook of Hampton, who was also indicted on felony perjury and misdemeanor false swearing charges, according to court records.
Cook, 73, allegedly testified before a grand jury in September that he hadn’t communicated with Marconi or received any materials from Marconi related to a pier use permit for “N.L.,” when in fact he had, according to the indictments.
One of the potential witnesses is Neil Levesque, vice-chairman of the Pease Development Authority board and executive director of the New Hampshire Institute of Politics at Saint Anselm College.
Details are sparse in the charging documents, so it’s still unclear what exactly sparked Marconi’s alleged misconduct and the subsequent investigation. He has been on administrative leave since April, and Justice Hantz Marconi has been on administrative leave since July. Their attorneys contend they are innocent.
Steven Porter can be reached at steven.porter@globe.com. Follow him @reporterporter. Amanda Gokee can be reached at amanda.gokee@globe.com. Follow her @amanda_gokee.
New Hampshire
As hoops betting spikes, it’s New Hampshire and other states vs. prediction markets
The state of New Hampshire receives revenue from sports wagers made with DraftKings, but officials are worried that people will switch to new prediction market platforms.
Zoey Knox/NHPR
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Zoey Knox/NHPR
Two things have New Hampshire state Sen. Tim Lang feeling blue.
“I do have a bracket. It broke pretty hard,” says Lang, a Republican, on the sorry state of his NCAA men’s basketball tournament predictions.
He says he’s also concerned about the outlook for state revenues. New Hampshire legalized sports wagering in 2019, the year after the U.S. Supreme Court cleared the way for states to legalize and regulate sports gambling. Since then, the state has raked in more than $170 million through a partnership with the wagering company DraftKings. Big money in a small state.

The rise of Kalshi and Polymarket — major players in the fast-growing world of prediction markets — could put a dent in those revenues, Lang fears. He says he plans to introduce legislation as early as this week that would clear the way for New Hampshire to join states around the U.S. in suing the prediction market companies.
“We have a revenue model for our sports betting that allows us to pay for education and other state services that Kalshi is completely going around by avoiding our gaming laws,” he says. “They should not be able to skirt our state laws.”
States are suing to regulate prediction markets
Prediction companies let customers buy “yes” or “no” futures contracts on the outcomes of world events, elections and, crucially for states, sports. Because the companies contend they’re operating as a financial market and not a sportsbook, the states don’t get a cut of the proceeds.
States including Connecticut, Michigan and Washington are in court battles with the prediction market companies. Arizona went so far as to charge Kalshi in criminal court for offering illegal sports wagers.

Kalsi and Polymarket didn’t respond to a request for comment for this story. In legal filings, Kalshi has argued that it’s already regulated by the federal Commodity Futures Trading Commission and that having to operate in 50 different ways to appease 50 different states isn’t possible. The Trump administration, so far, backs that view.
Courts so far have handed down mixed rulings, leaving a messy situation on the ground, especially about what’s considered sports gambling.
The law is unsettled so far
“Is sports betting and prediction market synonymous, or are they sufficiently distinct that there should be different treatment under the law? I mean, that’s an open-ended question,” says Michael McCann, director of the University of New Hampshire’s Sports and Entertainment Law Institute.
Even with the prospect of lost state revenues, not everyone in New Hampshire is eager to clamp down on prediction markets. John Stephen, an elected Republican member of the council that oversees state contracts, likes the competition that prediction markets bring.
“Companies that are trying to make money, and this entrepreneurial spirit that we have in this country, I value that,” he says.
Todd Bookman is a general assignment reporter for New Hampshire Public Radio.
New Hampshire
‘Bob’s Burgers’ actor Eugene Mirman rescued from fiery crash by New Hampshire governor’s detail
BEDFORD, N.H. (AP) — “Bob’s Burgers” voice actor and comedian Eugene Mirman suffered serious injuries after crashing his car into a toll plaza and being pulled from the fiery wreckage by a state trooper assigned to protect the governor of New Hampshire.
The crash happened just before noon Tuesday when a northbound electric vehicle struck the Bedford Toll Plaza and caught fire, New Hampshire State Police said. Republican Gov. Kelly Ayotte and her security detail came upon the crash soon after, and a trooper and two others pulled Mirman from the burning car through a window, said State Police Col. Mark Hall. The governor, who left her vehicle and retrieved a fire extinguisher, was not in any danger, he said.
“Eugene was in a very scary car accident,” Mirman’s agent Jay Glassner confirmed in a statement Wednesday. “He wants to thank the bystanders, state police, first responders and hospital staff who saved him. He is grateful to be on the mend. At this time, we kindly ask for privacy for Eugene and his family as he focuses on recovering from his injuries.”
Hall called the actions of the rescuers “heroic.”
“Without hesitation, they put themselves in danger to render aid to someone who was in need of it,” Hall said.
State police identified the driver as Yevgeny Mirman, 51, of Massachusetts. Mirman, who was born in Moscow and grew up in Massachusetts, is known for voicing musical middle child Gene Belcher in more than 300 episodes of the animated comedy “Bob’s Burgers” and its movie, in addition to roles on “Flight of the Conchords,” “Delocated” and “Archer.”
Ayotte said she and her husband were praying for the driver’s recovery.
“I want to thank the Trooper on my security detail and the bystanders who stepped up to help at the scene of the crash for their brave lifesaving efforts,” she said in a statement.
The crash remains under investigation. No charges have been filed.
New Hampshire
UNH Navigates DEI Commitments Amid State and Federal Pushback
As diversity, equity, and inclusion (DEI) initiatives face increasing scrutiny and legal challenges at the state and federal levels, the University of New Hampshire is reassessing how it maintains its institutional values while remaining compliant with the law.
Earlier this year, New Hampshire lawmakers passed House Bill 2, a sweeping budget bill that includes provisions limiting DEI-related programs at public institutions. The law has since prompted a lawsuit from the American Civil Liberties Union (ACLU) and advocacy groups representing LGBTQ+ students and educators, arguing that the restrictions could harm marginalized communities and limit educational opportunities.
According to the New Hampshire Bulletin, the legislation broadly restricts DEI initiatives in public institutions, creating uncertainty across schools and universities as leaders try to interpret what is and is not allowed.
Despite this shifting landscape, UNH administrators say the university remains committed to student success, inclusion, and academic freedom.
“Diversity, equity, and inclusion at New Hampshire public institutions, and at some privates, are in flux because at the state and federal levels, these practices are being challenged,” said Dr. Nadine Petty, associate vice president for community, equity, and diversity at UNH. “Through this process, what is most central to UNH’s mission is to ensure academic freedom is protected, that student success and well-being remain at the forefront of decision making, and that all related initiatives continue to foster an inclusive campus where all employees and students, regardless of their backgrounds and identities, can thrive.”
Petty described HB2 as “vague and convoluted,” noting that some interpretations of the law appear to conflict with existing federal civil rights and equal employment laws.
“One interpretation leads us to assume the state wants us to take action that would violate existing federal Equal Opportunity in Employment laws, Civil Rights laws, and other laws on both federal and state levels,” Petty said. “Since we do not think the state wants us to violate any existing laws, UNH’s interpretation is tied to the spirit of what we believe the state is getting at, which is to uphold the anti-discrimination laws that have been on the books for decades now.”
In a December 2025 blog update, UNH leadership similarly emphasized that the university is reviewing programs to ensure compliance while maintaining its commitment to inclusion, academic freedom, and student success. The university noted that it would continue to evaluate initiatives carefully as legal challenges and guidance evolve.
According to Petty, UNH has focused on ensuring programs remain inclusive and non-discriminatory, rather than targeting specific demographic groups for state-funded services.
“What’s interesting to note here is that without programs that address diversity, equity, and inclusion that educate people and build awareness, we likely would only promote the success of white, heterosexual, cisgender men over the success of others,” Petty said. “That is what higher education was founded on.”
Petty added that eliminating DEI-related services would disproportionately affect students from marginalized backgrounds, students she emphasized are also paying customers of the institution.
“It makes no sense to take their money and then decide we will not serve their needs,” Petty said.
At the federal level, Petty said recent rhetoric and policy shifts demonstrate what she sees as a widespread misunderstanding of DEI work.
“There is little to no understanding that diversity, equity, and inclusion covers a wide swath of demographic groups,” Petty said, pointing to veterans, students with disabilities, first-generation college students, and low-income families. “Yet that is exactly what has occurred with this administration’s anti-DEI rhetoric, whether intentionally or through a trickle-down effect.”
Petty also pushed back against the idea that DEI prioritizes identity over merit.
“This is an icky and dangerous belief and far from the truth,” Petty said, citing her experience on hiring committees. “Candidates of color are often weeded out of the search process or are not chosen for hire for ‘concerns’ that are overlooked in their white counterparts.”
From a legal standpoint, Chad Pimentel, UNH’s general counsel, said the impact of recent DEI-related legislation has varied across institutions.
“New Hampshire has a long-standing law prohibiting preferential treatment based on membership in a number of groups,” Pimentel said. “That meant that some recent federal law changes, like the Supreme Court’s Students for Fair Admissions decision banning race-conscious admissions, changed nothing for UNH even though they prompted a lot of attention and changes at other institutions.”
According to Pimentel, the most significant effect has been the need for careful program review to ensure compliance with state and federal law, particularly given the lack of clarity surrounding what qualifies as “DEI-related.”
“One of the trickiest areas is determining exactly what folks mean when they say that something is ‘DEI-related,” Pimentel said. “Programs that do not have ‘DEI’ in the title could still be affected by changes in the law.”
Pimentel added that ongoing legal challenges to the state law have left the university in a “wait-and-see mode.”
“The biggest challenge is the uncertainty of it all,” Pimentel said. “Once the dust settles, UNH and other public institutions will do what they have always done, support their students within the confines of the law.”
Petty said UNH has already made limited adjustments to program language and training content in response to the legislation. One example involved revising implicit bias training to emphasize that bias is a shared human condition rather than something tied to a specific group.
“The content was clear to begin with, but we thought it was important to be even clearer,” Petty said.
Still, Petty stressed that laws cannot dictate how individuals treat one another on campus.
“The government may be able to legislate the words we use, the services we provide, and how we go about our work, but they can’t legislate how we engage with each other,” Petty said. “Our actions should be our testament, not some words on a webpage somewhere.”
Looking ahead, Petty said DEI at UNH will continue to be shaped by external forces, but the university’s core mission remains unchanged.
“We could not call ourselves a public institution if we did not work to meet the needs of all students,” Petty said. “We would find a way to reach our end goal, even if how we went about doing it needed to shift.”
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