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.
FILE - New Hampshire Attorney General John Formella addresses reporters during a news conference, Jan. 25, 2024, in Concord, N.H. (AP Photo/Charles Krupa, File)
PHOENIX (AP) — Phoenix officers repeatedly punched and shocked a deaf Black man with a Taser nearly two months ago when they responded to a call that the man had committed an assault at a convenience store, according to body camera footage.
The man, Tyron Scott McAlpin, 34, has been charged with felony resisting arrest and aggravated assault stemming from the Aug. 19 encounter with the officers. McAlpin’s arrest was first reported late last week by ABC15 Arizona. He has pleaded not guilty to the charges.
Police say Officer Benjamin Harris suffered a hand injury when hitting McAlpin, while McAlpin bit the hand of Officer Kyle Sue during the struggle, which was recorded on the officers' body cameras. Neither officers' race was revealed in police reports.
At a court hearing, Harris testified that everything could have been avoided if McAlpin just indicated he was deaf, ABC15 reported.
Jesse Showalter, an attorney representing McAlpin, said the first officer to make contact with McAlpin wasn’t able to figure out he was deaf because the officer took no steps to deescalate the situation and instead immediately starting using force.
The Phoenix Police Department didn’t immediately respond to a request through the department’s message system seeking comment from The Associated Press on Tuesday.
The man who called the police, who is white, told them that that McAlpin, who was walking nearby, punched him in the face.
An officer caught up with McAlpin in a nearby parking lot and immediately put his hands on him after stepping out of his patrol vehicle, and the struggle began.
McAlpin was arrested on suspicion of assaulting the man who called the police but hasn’t been charged with assaulting him.
Showalter said his client was never involved in a fight with the man.
The agency told ABC15 that the encounter is under investigation and was assigned to its internal affairs unit.
The Phoenix Police Department has been accused by the U.S. Justice Department of discriminating against Black, Hispanic and Native American people, unlawfully detaining homeless people and use excessive force, including unjustified deadly force.
The city has said it is committed to reforms in its police department but has resisted efforts to enter a consent decree with the Justice Department.
This image from Phoenix Police Department body camera footage from Aug. 19, 2024, shows Tyron Scott McAlpin, a Black man who is deaf, being punched and shocked with a Taser by Phoenix police officers when they responded to a call that the man had committed an assault at a convenience store in Phoenix. (Phoenix Police Department via AP)
This image from Phoenix Police Department body camera footage from Aug. 19, 2024, shows Tyron Scott McAlpin, a Black man who is deaf, being punched and shocked with a Taser by Phoenix police officers when they responded to a call that the man had committed an assault at a convenience store in Phoenix. (Phoenix Police Department via AP)
This image from Phoenix Police Department body camera footage from Aug. 19, 2024, shows Tyron Scott McAlpin, a Black man who is deaf, being punched and shocked with a Taser by Phoenix police officers when they responded to a call that the man had committed an assault at a convenience store in Phoenix, according to police. (Phoenix Police Department via AP)
