The New Hampshire Attorney General’s Office wants to tell jurors about allegations of “covert ops,” kickbacks, and COVID fraud in Geno Marconi’s upcoming trial.
Only one problem: Those aren’t the charges he’s facing.
The former state ports director is a month away from trial on charges of illegally obtaining the private driving records of Pease Development Authority Vice Chair Neil Levesque and destroying a voicemail connected to the investigation. It’s a case that has seemed curiously thin from the beginning.
But new filings from the Attorney General’s Office made public this week reveal that Marconi was originally under investigation for “improprieties” involving Coronavirus Aid, Relief, and Economic Security (CARES) Act funding. He was also suspected of taking money from a contractor who did work at Rye Harbor.
Marconi was placed on leave last April as the Attorney General’s Office began its investigation into multiple allegations of illegal activity. Even though those allegations did not result in criminal charges, prosecutors now want to introduce them as evidence at trial.
According to Assistant Attorney General Joe Fincham’s motion filed in Rockingham County Superior Court, Marconi was tipped off about the COVID and kickback investigations by witnesses, giving him time to destroy evidence and frustrate the probe.
Cheri Patterson, chief of marine fisheries for the New Hampshire Fish and Game Department, called Marconi after her office received a subpoena for documents in the CARES Act investigation, according to Fincham. After speaking with Marconi, Patterson told investigators they should look at documents beyond those sought through the subpoena.
Similarly, contractor Greg Bauer called Marconi after investigators started asking him questions about any payment agreements he had with Marconi.
“Bauer’s older brother is also friends with the defendant. Bauer had performed various work at the harbor by permission of the defendant and had previously gotten permission from the defendant for the storage of construction items in the past. Bauer has performed work at the harbor for approximately 40 years,” Fincham wrote in his motion.
Marconi allegedly deleted voicemails from Bauer and Patterson, according to Fincham.
Fincham also wants to introduce evidence that Marconi and Levesque were in conflict over then-Rye Harbormaster Leo Axtin. Levesque complained about Axtin’s management, which resulted in an internal investigation. Marconi was upset by the investigation and sought to retaliate against Levesque, according to Fincham.
Marconi allegedly texted Rye Harbormaster Mandy Huff and asked about Levesque’s pier permit.
[Marconi]: “Has Neil gotten his pier use permit yet?”
Huff: “Yes.” “Would you like a copy?” “Revoke?”
[Marconi]: “Yes, please. With a copy of the boat reg and Fish and Game license and his car reg.”
Huff: “OK.”
[Marconi]: “Covert op.”
Marconi emailed the documents to Bradley Cook, then chairman of the Harbor Advisory Committee, with the message: “Captain Cook, as requested. We can discuss later.”
Cook is charged with receiving the documents and is scheduled for trial early next year.
Marconi, for his part, is including Attorney General John Formella on the list of witnesses he intends to call at trial. The Attorney General’s Office is fighting to quash Formella’s subpoena, and Marconi’s legal team has not given a reason for why they want to put Formella on the stand.
Marconi’s wife, Supreme Court Associate Justice Anna Barbara Hantz Marconi, pushed to force Formella to testify at her criminal trial. Hantz Marconi was accused of trying to get Gov. Chris Sununu to stop the investigation into her husband. In her case, the Attorney General’s Office was accused of trying to hide the fact that Formella instigated the investigation into the sitting justice.
A ruling on whether Formella would be forced to testify was pending when the case suddenly resolved with a plea agreement. The fully negotiated deal allowed Hantz Marconi to plead no contest to a misdemeanor, pay a $1,200 fine, and keep her job on the Supreme Court. And now, there is no possibility Formella must take the witness stand — at least not for Hantz Marconi.
