The criminal case against Supreme Court Justice Anna Barbara Hantz Marconi is continuing after a judge dismissed her request to have the charges dropped. She is accused of trying to influence Gov. Chris Sununu in an investigation involving her husband.
Hantz Marconi’s lawyers argued that the case should be dismissed or that a special prosecutor should replace New Hampshire Attorney General John Formella, due to his ties with Sununu. They said Formella couldn’t be impartial because Sununu would likely be a key witness. However, Judge Martin Honigberg ruled that the defense did not provide enough evidence of a conflict of interest to justify removing Formella.
Hantz Marconi was indicted in October on seven charges related to allegations that she tried to influence an investigation into her husband, Geno Marconi, during a private conversation with the governor and his personal attorney.
Hantz Marconi’s lawyers argued that Formella, who worked as Sununu’s legal counsel before becoming Attorney General, could not fairly handle the case. State lawyers countered that her request was essentially asking for immunity from criminal charges.
Judge Honigberg agreed with the state, stating that removing the Attorney General in such cases would set a dangerous precedent. He also said there was no legal support for the defense’s argument. Hantz Marconi’s lawyer, Richard Guerriero, said they disagreed with the ruling and may appeal.
In addition to the case against Hantz Marconi, her husband, Geno Marconi, was also indicted for allegedly disclosing confidential records. He is scheduled to appear in court in January. Both he and Hantz Marconi have pleaded not guilty and are free on bail, though they are on administrative leave from their jobs.