Barbara and Geno Marconi
(Via Facebook)
I have known the Marconis, both personally and professionally, for a number of years. After learning more about their legal cases, I cannot remain silent.
According to legal pleadings on file, Justice Marconi approached Chief Justice MacDonald to explain to Gov. Sununu why she had been recusing herself from cases involving the Attorney General’s Office. Her husband, Geno Marconi, had been suspended from his job without explanation, which made Justice Marconi concerned about potential conflicts of interest that were unknown at the time.
This desire to provide reasons for her recusal to the governor who appointed her is the basis of the claim against Justice Marconi. The irony is that both the governor and his attorney testified that she did not ask them to take any action related to the investigation of her husband.
That’s when the lawfare began. Attorney General Formella claimed to know what Justice Marconi was really thinking during that meeting—that she wanted her husband’s case dismissed. She was charged by the Attorney General for something that didn’t happen. She was charged through the Public Integrity Unit without a complaint from anyone. The Attorney General objected to testifying about how the charges were initiated. The testimony of the Chief Justice was blocked by the court. No minutes of the grand jury proceedings were recorded by the Attorney General.
When you combine the absurdity of the case, the aggressive prosecution by Attorney General Formella, the uncertainty of a jury trial, and the mounting time and legal costs, I understand why Justice Marconi chose to settle the matter.
The original case—the one against Geno Marconi—has an interesting history as well. Geno has served nearly 25 years as head of the State Ports and Harbors. He’s been described as having a strong personality, which doesn’t surprise me, given that he deals daily with deep-sea fishermen and marine freight shippers.
The real issue arose when Geno was suspended without cause. That’s correct—no reason at all. Governor Sununu had intervened to grant a waiver to a seafood restaurant exceeding its permit at Rye Harbor. The restaurant is believed to have connections with the Sununu family. Geno opposed the expansion as incompatible with the harbor operations authorized by statute. At the same harbor, Geno also opposed a proposal to replace existing shacks with a commercial development.
Despite Geno’s statutory responsibilities, Attorney General Formella appeared fixated on finding a way to charge him. It took four grand jury sessions to come up with the current charges: three deleted voicemails on his cell phone and sharing boat and vehicle information from an applicant for their use at Rye Harbor—information routinely provided to the agency he reports to and listed on its website as a standard practice.
Again, we see legal proceedings bordering on the absurd, costing the family ever-increasing legal fees.
To add insult to injury, the seafood restaurant owner is suing the Portsmouth Development Authority and its members individually, including Geno Marconi. It’s interesting that Governor Ayotte is defending and indemnifying everyone except Geno Marconi.
If you’re asking what I’m doing about these abuses—I have taken steps to stop these examples of lawfare. New Hampshire is the freest state in the freest country. It’s time our Attorney General started acting like it.