A justice on New Hampshire’s highest court has been charged for allegedly trying to interfere with a criminal investigation into her husband, New Hampshire Attorney General John Formella announced Wednesday.
State Supreme Court Associate Justice Anna Barbara Hantz Marconi was indicted by a Merrimack County grand jury for two felonies and five misdemeanors, Formella said in a statement. Marconi has been on administrative leave since July.
Marconi is charged with two class B felonies — one count of attempt to commit improper influence and one count of criminal solicitation of improper influence.
Marconi is also charged with five class A misdemeanors — 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.
“No person is above the law, and the evidence in this case required investigation and presentation to the grand jury,” Formella said.
“The decision to charge a sitting Justice of the New Hampshire Supreme Court was not made lightly, and it comes after careful and thoughtful deliberation. It is my hope that the public will be reassured that all individuals, including public officials, are treated equally under the law,” he added.
Attorneys for Marconi — Richard Guerriero, Jonathan Kotlier and Oliver Bloom — said she is innocent and didn’t violate any law or rule.
“We will fight the charges to the fullest extent permitted by the law, starting with motions to dismiss the case which we anticipate filing soon,” they said in a statement. “We intend to fight these wrongful accusations in court, where the fight should occur, and not in the media.”
One indictment alleged that Marconi told Gov. Chris Sununu an investigation into her husband was the result of “personal petty and/or political biases; that there was no merit to allegations against or subsequent investigation into Geno Marconi; and/or that the investigation into Geno Marconi needed to be wrapped up quickly because she was recused from important cases pending” before the court.
Marconi was also charged with soliciting Sununu “to improperly influence a member and/or members of the New Hampshire Department of Justice regarding an investigation.”
Geno Marconi is director of the New Hampshire Division of Ports and Harbors. A spokesperson for Formella’s office said the criminal investigation into Geno Marconi is a separate matter and remains open and ongoing.
There was no immediate response to an email sent to a Sununu aide for comment.
Class B felonies are punishable by up to 3 1/2 to seven years in state prison and a fine of up to $4,000. Class A misdemeanors are punishable by up to 12 months in a house of corrections and a fine of up to $2,000.
The investigation is complete, according to Formella, who said no other individuals were targeted and the probe did not uncover wrongdoing by anyone else.
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