The witness stand inside a Concord courtroom later this year could host some of the most powerful figures in New Hampshire government, past and present: from former Gov. Chris Sununu and Attorney General John Formella, to Supreme Court Chief Justice Gordon MacDonald and three other sitting justices.
That is, unless a judge grants their request to block their participation in the high profile trial of New Hampshire Supreme Court Justice Anna Barbara Hantz Marconi. The trial revolves around accusations that Hantz Marconi attempted to improperly influence Sununu to curtail a criminal investigation into her husband, Geno Marconi, the state’s longtime ports director.
On Thursday, a superior court judge agreed to delay the start of trial, which had been planned for September, as lawyers for the prosecution and defense continue to argue over a host of issues, including who may be required to testify.
The stakes in the case are high and involve a web of state officials: Hantz Marconi is facing jail time, fines and the loss of her position on the court if she’s found guilty. Meanwhile, Formella and his top deputies will be under the microscope as they seek a conviction in a case where even some key witnesses have said they don’t think Hantz Marconi crossed any legal lines.
Hantz Marconi, who was nominated by Sununu to her position on the state’s top court, has been on paid administrative leave since last summer. Her husband is also on paid leave from his job; he is facing separate criminal charges alleging that he shared personal information about a political rival in an act of retaliation.
Both Marconis have pleaded not guilty.
Given that Hantz Marconi is accused of trying to curry favor with Sununu on behalf of her husband during a meeting last summer in his office, prosecutors intend to call on Sununu to testify, as well as his former legal counsel, Rudy Ogden, who has since been appointed a state Superior Court judge.
Sununu told investigators he found the conversation with Hantz Marconi “awkward” and "quasi-inappropriate" but said he did not believe she sought favorable treatment for her husband, according to transcripts of his interview.
In a proposed witness list released last week, prosecutors also disclosed their intention to call MacDonald to testify. MacDonald, who has served as chief justice of the New Hampshire Supreme Court since 2021 after being nominated by Sununu, voluntarily met with prosecutors investigating Hantz Marconi last August. In that meeting, he disclosed the contents of a phone call he had with Sununu shortly after the governor met with Hantz Marconi in his office.
Hantz Marconi, in court filings, alleged that prior to her meeting with Sununu, she first spoke with MacDonald, who gave her his blessing to approach the governor. MacDonald later told prosecutors that no such conversation took place.
Prosecutors also intend to call as witnesses Paul Brean, the executive director of the Pease Development Authority, as well as Steve Duprey, the agency’s board president. The PDA oversees Geno Marconi in his position as ports director. Hantz Marconi is also accused of attempting to influence Duprey regarding the investigation into her husband.
(Duprey serves on the NHPR Board of Directors, but has no influence over the station’s news coverage.)
The web of names and potential witnesses is likely to grow: Hantz Marconi’s lawyers have not yet filed a witness list, but they have subpoenaed other powerful figures in New Hampshire who may be forced to testify, including Formella, the state’s top prosecutor, and the three other justices on the high court: James Bassett, Melissa Countway and Patrick Donovan.
Formella could be forced to testify about the details of a phone call he received from Sununu, during which the governor disclosed his meeting with Hantz Marconi, prompting Formella to then launch an investigation into her conduct.
Formella was previously Sununu’s legal counsel, presenting what Hantz Marconi’s lawyers contend is a conflict of interest in her case. In a pending legal motion, they requested that a judge force Formella and the entire staff of the New Hampshire Department of Justice to recuse themselves from the case, or else dismiss the charges.
The Department of Justice has asked the court to reject any efforts to force Formella to testify. Meanwhile, the chief legal counsel for the state’s judicial branch recently filed a motion asking the judge overseeing Hantz Marconi’s case to block MacDonald, as well as three other sitting justices, from having to testify or severely limit what they can be asked on the stand.
“Specific laws limit the ability of judges to step off the bench and participate in cases as witnesses for either side,” the judicial branch’s attorney wrote in a recent motion.
The court file in the case is thick with motions and countermotions, many of which are still pending before Judge Martin Honigberg.
Jury selection was scheduled to begin September 2, but Hantz Marconi’s legal team recently requested a 60-day delay, citing the array of pending disputes between prosecutors and the defense, including who may be forced to testify at the trial.
“There are simply ‘too many moving parts’ and too many unresolved issues for this case to be fairly tried on September 2, 2025,” said Richard Guerriero, who is representing Hantz Marconi. “The parties have raised and litigated important and, in many respects, unprecedented issues.”
