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The four remaining New Hampshire Supreme Court justices won’t hear any arguments related to Associate Supreme Court Justice Anna Barbara Hantz Marconi after they ordered themselves off the case.

“Resolving it would require us to adjudicate the conduct of a current colleague, Anna Barbara Hantz Marconi,” the justices wrote in the order.

The order comes Wednesday hours after Hantz Marconi’s legal team filed a motion to boot Chief Justice Gordon MacDonald from the case, naming him as a material witness in her alleged crime. Hantz Marconi is charged with trying to pressure Gov. Chris Sununu to stop the criminal probe into her husband, New Hampshire Ports Director Geno Marconi.

Justice Barbara Hantz Marconi listens to oral arguments during a 2023 hearing.

According to the indictments handed down last week, Hantz Marconi met with Sununu in June and tried to get him to stop the investigation into Geno Marconi. She allegedly told Sununu there was no merit to any of the allegations against her husband and the case “needed to wrap up quickly because she was recused from important cases pending or imminently pending before the New Hampshire Supreme Court,” the indictments state.

But, according to the motion filed Wednesday, MacDonald encouraged her to talk to Sununu about her husband’s investigation, and told her it would not be illegal for her to do so.

“Justice Hantz Marconi did meet with Governor Sununu on June  6, 2024. The meeting was entirely lawful and proper. One of the key facts demonstrating that the meeting was lawful and proper is that Justice Hantz Marconi communicated with Chief Justice MacDonald prior to meeting with Governor Sununu. Justice Hantz Marconi explained to Chief Justice MacDonald that she was considering requesting a meeting with the Governor. The Chief Justice’s response was, ‘I think you can do that – You  are a constituent and have concerns.’ Justice Hantz Marconi understood this comment to confirm her view that she had the right to seek to address the Governor, just as any other citizen would have that right,” her motion states.

Supreme Court Chief Justice Gordon MacDonald

Hantz Marconi was placed on administrative leave soon after that June 6 meeting. Geno Marconi has been on leave from his job directing the ports since April of this year. Both were indicted last week.

Hantz Marconi is facing charges of Attempt to Commit Improper Influence, Criminal Solicitation of Improper Influence, Official Oppression, Criminal Solicitation of Official Oppression, Obstructing Government Administration, and Criminal Solicitation of Misuse of Position. Geno Marconi is indicted on felony charges of Tampering with Witnesses and Informants and Falsifying Physical Evidence. He’s also charged with four class A misdemeanors–two counts of Driver Privacy Act Violations and two counts of Obstructing Government Administration.

Geno Marconi is accused of giving confidential driving records of an unnamed person to Brad Cook, chairman of the Division of Ports and Harbors Advisory Council and a longtime fishing boat captain. Cook is charged with one count class B felony Perjury as well as two counts of class A misdemeanor False Swearing.

In the meantime, Hantz Marconi agreed to a suspension of her law license as the case against her is proceeding. The New Hampshire Attorney Discipline Office planned to open up a formal proceeding to get Hantz Marconi suspended, but the justice agreed to the suspension.

If she were to fight the Attorney Discipline process, Hantz Marconi’s law license case would eventually end up before the Supreme Court and MacDonald. The Supreme Court’s total recusal effects that process, as well any challenges she brings during her criminal trial in Merrimack Superior Court.

Rather than merely having MacDonald remove himself from the case, Associate Justices James Bassett, Patrick Donovan, and Melissa Countway are also stepping aside. If a full slate of alternates cannot be found, however, at least some of the justices will take their seats.

“Our recusal is conditioned upon the availability of substitute justices to participate in this case. In the event that substitute justices are not available, the ‘rule of necessity’ may compel our participation,” the order states. 

Under state law, the courts will randomly pick substitutes from a pool of retired Supreme Court and Superior Court justices. If there are not enough retired justices available, a random selection will be made from active Superior Court Justices, and then District Court justices if the need arises.

New Hampshire’s only death row inmate wants his sentence for killing a police officer commuted, and his clemency quest may become part of this year’s election.

Manchester Police Officer Michael Briggs was murdered 18 years ago, leaving behind a wife and young children. His killer, Michael “Stix” Addison, was quickly caught, tried, and convicted of capital murder. The woman who prosecuted the case and sought the death penalty, Kelly Ayotte, could be the next governor. 

Addison, 44, was in Merrimack Superior Court in Concord on Monday seeking to have the death sentence imposed by the original unanimous jury overturned.

Ayotte told NHJournal on Monday she still believes Addison should face the ultimate punishment for murdering Michael Briggs.

“As attorney general, I sought a death sentence for Michael Addison for his cold-blooded murder of Manchester Police Officer Michael Briggs. The jury found Addison guilty of capital murder and imposed the death sentence. I testified against the repeal of the death penalty, and I still believe that he should be executed for killing Officer Briggs,” Ayotte said.

Despite having served as mayor of Manchester, the city Officer Briggs served, Democrat Joyce Craig has said little about Addison’s attempt to avoid the death sentence.

Craig would not respond to a request for comment from NHJournal about the convicted murderer’s request for leniency. When asked by WMUR if she supported clemency for Addison, she gave a one-word reply:

“No.”

Manchester’s crime problem on her watch, along with homelessness and opioid addiction, have emerged as key issues in the campaign for governor. Those issues plagued her time as mayor and helped get Republican Jay Ruais elected last year. 

Addison’s attorney, Jon Cioschi, pointed to New Hampshire’s decision to repeal the death penalty in 2019 (HB 455) in his current arguments for commutation. Cioschi said the death penalty is cruel and unusual punishment, a violation of the United States Constitution.

But Assistant Attorney General Audriana Mekula said in court that the New Hampshire Supreme Court has already weighed in on Addison’s case, upholding the death sentence.

“As it stands, the historical and textual analysis is the way to look at this, and the New Hampshire Supreme Court has already held that the sentence, the death penalty, in general and as applied to this particular petitioner, is constitutional,” Mekula said.

The state Supreme Court upheld the conviction and sentence in a 2013 ruling, and in a 2015 sentence review. Both rulings found Addison’s death sentence does not violate the Constitution and that the sentence is appropriate.

“We conclude that the defendant’s sentence is neither excessive nor disproportionate and, accordingly, affirm his sentence of death,” the Supreme Court ruled in 2015.

But Cioschi said the 2019 repeal law is evidence New Hampshire no longer supports the death penalty and imposing death on Addison violates the will of the people.

“HB 455, the repeal, is clear, reliable, objective evidence that the death penalty is inconsistent with evolving standards of decency in New Hampshire.” Cioschi said. 

While the legislature voted to pass HB 455, Gov. Chris Sununu vetoed the law, saying it represented a miscarriage of justice for Briggs and his surviving family.

“This bill is an injustice to not only Officer Briggs and his family, but to law enforcement and victims of violent crime around the state,” Sununu said at the time.

The legislature voted to override the veto, however, and the repeal became law more than 20 years after Addison was sentenced to die by lethal injection.

Addison and his partner in crime, Antoine Bell-Rodgers, had pulled off three violent armed robberies in the days before Briggs was murdered. On Oct. 16, 2006, Briggs and fellow Manchester Police Officer John Breckenridge responded to a report of a fight at the home of Bell-Rodgers and Addison. 

The two men allegedly tried to leave when they saw the officers, but Briggs ordered the pair to stop. Bell-Rodgers did stop, but Addison kept walking away. Briggs again ordered him to stop, and that was when Addison turned around and shot Briggs in the head. Briggs, at that point, had not upholstered his pistol. Addison fled the state, and was later caught in Dorchester, Mass.

Bell-Rodgers is currently serving a 60-years-to-life sentence for his role. 

During his appeal, Addison argued that his difficult childhood, including a drug addicted mother who abused him, were mitigating factors in the crime. Addison was 26 when he killed Briggs. 

Not mentioned in Addison’s litany of mitigating factors is the fact he knew Briggs before the murder. In 2003, Briggs saved his life, giving Addison first aid after Addison was shot by another man in Manchester. 

Judge Daniel St. Hilaire ordered both sides to provide more information for their arguments. The next hearing is set for October.

A federal judge ruled Monday that a male Plymouth Regional High School who identifies as a girl can still play on the girl’s soccer team.

United States District Court Judge Landya McCafferty, an Obama appointee, issued a temporary restraining order allowing Parker Tirrell, 15, to keep playing, in violation of HB 1205, the new law banning biological boys from girls sports.

The order only applies to Tirrell and no other students in New Hampshire. However, McCafferty said in her order that a more broad injunction against the law is possible following a hearing set for Aug. 27.

The cause of the high school sports careers of Tirrell and Iris Turmelle, a Pembroke Academy boy who also identifies as a transgender girl, is being championed by GLAAD and the American Civil Liberties Union of New Hampshire in the federal lawsuit filed earlier this month.

Turmelle is not playing on any fall sports teams and was not part of Monday’s hearing.

HB 1205 which took effect on Monday, was passed in the wake of a series of high-profile incidents in which biological males won girls championships or injured female competitors while playing girls sports in New England. But GLAAD lawyer Chris Erchull argued Monday that Tirrell has no physical advantages over the girls since having started hormone therapy, according to NHBulletin reporting.

Assistant Attorney General Michael DeGrandis argued against the temporary restraining order, telling McCafferty there is no need to block the law while the case is pending.

Monday’s hearing came as a social media rumor swirled that the state planned to make a deal on the temporary restraining order with Tirrell and the GLAD and ACLU lawyers. New Hampshire Department of Justice General Counsel Chris Bond told NHJournal no deal was ever in the works.

“There is not now and there never was a deal regarding entry of a TRO. The Attorney General’s Office is responsible for defending the duly enacted laws of the State of New Hampshire when they are challenged in court. Given that mandate, the AGO will not voluntarily assent to a TRO that would result in the temporary suspension of the provisions of [the law],” Bond said in an email.

Those on the left see McCafferty’s ruling as the first victory in abolishing the law.

“Transgender youth, like all adolescents, want and deserve every opportunity to experience joy, including through activities like school sports. We won’t stop fighting until they have that opportunity again,” the ACLU posted on social media.

Meanwhile, some on the right are frustrated, not by Monday’s ruling, but by the law itself. Cornerstone Action Executive Shannon McGinley said HB 1205 was doomed to fail due to the actions of Gov. Chris Sununu.

Last month, when Sununu signed HB 1205 to keep biological males out of girls sports he also vetoed HB 396, a law that would have made it legal for the state to make legal distinctions based on biological sex and separate men from women in bathrooms, locker rooms, and jails.

“The new law uses birth certificates as the definition of biological sex – an unwieldy and unworkable concept that has failed both practically and legally around the country,” McGinley said.

“What Gov. Sununu has just done is a fraud, not a compromise. He caved entirely to the most far left 10 percent of the state while giving nothing to female prisoners, athletes, and vulnerable students,” McGinley said.

Gov. Chris Sununu likes to tout his pro-business bona fides, but they aren’t stopping him from targeting the wildly popular social media platform TikTok with a lawsuit accusing the company of putting profits ahead of children.

“Our lawsuit alleges that TikTok has shamelessly exploited young users through deceptive design features that foster addiction and endanger mental health. We contend that TikTok knowingly deceived New Hampshire families with false assurances of safety while profiting from the vulnerabilities of its youngest users,” Sununu’s Attorney General John Formella said in a statement announcing the lawsuit, filed in Merrimack Superior Court.

The suit attacks TikTok for allegedly violating the state’s consumer protection statute and other laws.

According to the lawsuit, TikTok uses addictive features to exploit young users’ naivete and ongoing brain development and maximize the time they spend on the platform in the interest of profit. TikTok’s addictive design features make it hard for children to disengage from the platform and lead to a cycle of excessive use, the lawsuit states.

The complaint alleges the company knows excessive use results in profound harm to its young users, including depression, anxiety, and isolation from friends and family. As the company deployed those features, it also lied to parents about the platform’s safety, downplaying the risks posed while touting supposed safety measures that the company knows are ineffective. 

“New Hampshire puts our kids first,” Sununu said. “This lawsuit, combined with our earlier executive order investigating the harms of social media on New Hampshire’s youth is another wakeup call for parents on the dangers that social media presents to our kids.”

New Hampshire filed a similar lawsuit against Meta last year, the company behind Facebook, Instagram, and Threads. That lawsuit is currently pending.

“This action underscores our commitment to holding social media platforms accountable for their harmful actions to youth. We will vigorously pursue this case to ensure that TikTok is held responsible and that meaningful changes are made to protect our children’s well-being. This lawsuit is just the latest step in our ongoing efforts to ensure that platforms like TikTok operate responsibly and transparently in our state,” Formella said.

 The lawsuit contends TikTok knew it was deploying potentially harmful features on its platform, gathering data on children under 13, exploiting them for money, and even exposing them to online predators.

“New Hampshire’s children are spending increasingly alarming amounts of time on screens. In 2021, over 37 percent of New Hampshire high schoolers reported 5 hours or more of screen time on an average school day. The U.S. Surgeon General has warned that unchecked use of applications like TikTok has ‘a profound risk of harm to the mental health and well-being of children and adolescents,’” the lawsuit states.

As more of their hours are taken by TikTok, New Hampshire children are being exposed to child sex abuse images and videos, content that promotes self harm, extreme violent content, and even online social interactions with pedophiles, according to the lawsuit. All this despite assurance the company is doing everything it can to keep kids safe.

“TikTok has long been a haven to incredibly disturbing, gruesome videos, including beheadings, mass shootings, and videos of both suicide and eating disorders. TikTok also knows sexual predators use the App to solicit nude photographs and other photographs from/of children,” the lawsuit states.

Formella wants the Court to enter an injunction requiring substantive changes in how the company operates. He’s also seeking penalties and other monetary relief to address the harms that these practices have caused. 

The attorney general’s investigation of other social media platforms for related practices continues.

TikTok, the controversial social media giant is making billions by trapping New Hampshire kids in a psychologically harmful and potentially dangerous web of endless scrolling, according to the lawsuit filed Tuesday by New Hampshire Attorney General John Formella.

The left-wing activists who got the state to install a historical marker honoring Concord-born Communist Elizabeth Guerly Flynn don’t have the legal right to challenge the marker’s removal, Merrimack Superior Court Judge John Kissinger ruled.

On Wednesday, Kissinger dismissed the suit filed by outspoken progressives Arnold Alpert and Mary Lee Sargent against the state, ruling they lack the legal standing necessary to bring their lawsuit.

“While no one disputes the time and effort expended by the plaintiffs in relation to the Flynn marker, the court finds no support for a determination that such efforts give rise to a legal right, interest, or privilege protected by law,” Kissinger wrote.

Alpert said he’s mulling an appeal of Kissinger’s dismissal.

“We’re reviewing the court order and considering next steps. I believe we have 10 days to file for reconsideration if we so choose,” Alpert said.

Alpert and Sargent’s attorney, Andru Volinsky, did not respond to a request for comment.

Elizabeth Gurley Flynn

The Historic Highways marker for Flynn was removed after state officials, including Executive Councilor Joe Kenney (R-District 1) and Gov. Chris Sununu, learned Flynn was an unrepentant Stalinist who led the Communist Party USA during the height of the Cold War. At one point, she was convicted of advocating the violent overthrow of the U.S. government.

Flynn was such a strong supporter of the Soviet Union that she received the rare honor of a Red Square funeral.

The monument was removed from its Concord location on May 15, less than two weeks after it was unveiled.

Volinsky tried to claim in court that Sununu illegally ordered the marker removed. But Kissinger wrote that the governor’s involvement was immaterial.

The marker was created and installed using state resources, and its removal was a decision made by state employees, according to Kissinger’s ruling. Because Alpert and Sargent have no right under any New Hampshire law to challenge the marker’s removal, whoever made the decision is not important, he wrote.

The marker was unveiled on May 1, May Day, and the state’s Department of Natural and Cultural Resources promoted Flynn’s tribute. That did not sit well with Kenney, who complained at the May 3 Executive Council meeting. At that meeting and in the ensuing days, Sununu promised to do something about the marker.

The Department of Natural and Cultural Resources changed the rules for removing historical highway markers after that May 3 meeting, allowing for the removal of markers that could be deemed inappropriate. However, according to the lawsuit, the new rules still required that the decision go to the Historical Resources Council.

According to the lawsuit, Department of Natural and Cultural Resources Commissioner Sarah Stewart ignored the rules and ordered the marker taken down on May 12.

The marker was removed on May 15 and is currently in the possession of the New Hampshire Department of Transportation.

Flynn was a labor activist and an early feminist and helped found the American Civil Liberties Union. The ACLU would later oust her over her embrace of Soviet-style Communism.

It may be the holiday season, but New Hampshire households aren’t singing “Hallelujah” over the state of the economy under President Joe Biden.

Thanks to rising prices, high interest rates, and gasoline hovering above three bucks a gallon, Granite Staters say their household budgets are hurting. In the new BIA Report on Consumer Confidence, conducted by the University of New Hampshire Survey Center, 46 percent said their household family condition was worse off than a year ago, while just 15 percent said it was better off.

That 46 percent number is nearly twice as high as March 2021, just after Biden took office (24 percent). UNH polling director Dr. Andrew Smith said inflation is the culprit.

“Inflation just permeates across the entire economy, and it hits lower-income people hardest,” Smith said.

According to the survey, 55 percent of Granite Staters with an annual household income below $75,000 said they were worse off than they were a year ago, as compared to 37 percent of those earning $150,000 or more.

“And more than two-thirds (69 percent) of those with a household income below $75,000 say they struggled a lot in the past twelve months to afford basic necessities like food, clothing, and electricity,” according to the UNH survey.

That starkly contrasts the “Bidenomics” message from the White House and from Democrats who gathered for the state party’s Eleanor Roosevelt fundraising dinner Friday night.

“President Joe Biden has an incredible track record of success,” said U.S. House Minority Leader Rep. Hakeem Jeffries (D-N.Y.). “Under President Joe Biden, wages are up, inflation is coming down, and more than 14 million private-sector jobs have been created.”

In August, Rep. Annie Kuster cheered how “congressional Democrats and President Biden took action to lower costs, strengthen the workforce, and get our economy back on track.”

According to the survey, that is not the view of most Granite State residents, and Gov. Chris Sununu said he wasn’t surprised by the numbers.

“The national inflation crisis is real and has hit everyone hard. Whether it’s buying a car or home or just managing credit card debt, people across this country are suffering because of bad policies driven by the Biden administration. Elections can have terrible consequences, and families across the country are now feeling the financial pain,” Sununu said.

“Luckily, in New Hampshire, we offset the challenges of inflation by not adding additional unnecessary tax burdens to our citizens. That approach is exactly why New Hampshire continues to lead the country through such tough economic times.”

Even as New Hampshire’s economy grows, the record high housing costs are a major contributor to the financial squeeze felt by all, said Michael Skelton, President and CEO of the BIA.

“New Hampshire’s strong economy continues to provide great opportunities for workers,” Skelton said. “But the scarcity of housing continues to keep rent and home ownership difficult for many, especially those with moderate to low incomes. The high cost of housing also makes it more difficult to pay energy costs in New Hampshire, which are among the nation’s highest. These remain top issues for our elected leaders to tackle to expand prosperity.”

Democrats argue that, with inflation closer to 4 percent than the 9 percent it hit last year, the problem has been solved. Smith said that misses a key part of the story.

“Prices aren’t declining; they just aren’t going up as fast as they were before,” he said.

Increasing interest rates to slow inflation made matters arguably worse. High interest acts as a ratchet on the economy, Smith explained. High rates mean people are spending more to borrow for cars homes, and even pay off credit card balances. Those added interest payments mean people have less to spend on basics.

Smith said that high interest rates, unaffordable homes, and expansive gasoline are all reminiscent of the economic malaise of the 1970s.

“That wasn’t a pleasant time.”

Republicans running in the First in the Nation presidential primary say they are hearing these concerns from Granite State voters firsthand. They argue the solution starts with a change at the top.

“In January, Granite Staters have the chance to reverse Bidenomics and elect Nikki Haley to be our nominee. She’ll unleash American energy and create an economic revival across the nation,” said Haley spokesman Ken Farnaso. “She’ll lower costs, cut taxes, and put more money into our wallets. With Nikki on the ticket, America is one step closer to making Joe Biden a one-term president.”

DeSantis spokeswoman Lindsey Curnette says DeSantis is focused on lowering energy costs which will have a major impact on inflation.

“Ron DeSantis has a detailed plan to restore American energy dominance. He will crush Bidenomics and support working Granite Staters by unleashing oil and gas exploration and development, pipelines, and infrastructure on day one.”

Appearing with Nikki Haley at the site of the New Balance facility that just broke ground in Londonderry on Monday, Gov. Chris Sununu said he was ready to announce his pick … for his favorite sneaker.

Sununu was talking up the Granite State’s key role in picking the next commander-in-chief when an audience member called out, “Endorsement!”

“I endorse New Balance wholeheartedly and completely,” Sununu said.

Sununu, who has been campaigning with GOP presidential candidates for weeks — including a scheduled appearance with Gov. Ron DeSantis (R-Fla.) on Tuesday — then headed off to  Oscar Barn in Hooksett for a Haley town hall. The popular wedding venue with views of the Merrimack River and tree-lined fields would have been the perfect place for Sununu to announce his endorsement, but it’s clear he still has commitment issues.

Haley has been making headlines as she rises in the polls, and interviews with attendees found many undecided voters coming to get a first — or, in some cases, second — look at the former South Carolina governor and U.N. ambassador. 

Haley hit her marks with her message of speaking “hard truths” about the problems the country faces, from the porous southern border to a struggling economy made worse by feckless Republicans in Congress. She called out President Joe Biden’s weak foreign policy that she says has invited aggression from Russia’s Vladimir Putin against Ukraine and Hamas terrorists in Israel.

But the hot topic at any Republican gathering is Donald Trump, and Haley didn’t avoid the former president with the 30-point lead in the primary.

Haley’s message: She supported Trump in the past, but it is time for a new generation of leadership. Republicans have lost the popular vote in seven out of the eight past presidential elections, she reminded them, and the risk of another loss is too high.

“We have a country to save,” she said.

Chaos follows Trump wherever he goes, she told the crowd and the stakes are too great for more of the Trump Show, even if voters like what he did during his first term.

“With an economy out of control and wars around the world, we can’t afford any more chaos,” Haley said.

Turning the page on the Trump era is a message Sununu has been pushing for months. On Monday, Sununu said Trump tapped into the real frustrations and concerns Americans are experiencing but couldn’t accomplish what needed to be done to solve enough problems to make a lasting difference.

“He had some good policies, but he didn’t really get enough done for a lot of folks’ liking,” Sununu said. “There’s an opportunity to bring a conservative into the White House, connect with individuals, appreciate their frustration, and actually accomplish a lot of these policy objectives, and do it without the chaos.”

There are nine weeks to go before the primary, and this is the time voters start to pay attention, learn about the candidate, and make their decisions, Sununu said. Now is the time the candidates can really build momentum.

That is what Haley, Florida Gov. Ron DeSantis, and former New Jersey Gov. Chris Christie are all hoping for in the final months of the New Hampshire campaign. And, political observers say, Sununu’s endorsement could be the push they need to start that “Big Mo.”

A day earlier, Trump picked up the endorsement of Texas Gov. Greg Abbott, representing the largest Republican state with the most convention delegates in the country.

“We need a president who’s going to secure the border,” Abbott said. “We need Donald J. Trump back as our president of the United States of America.”

Sununu is spending plenty of time with the candidates, but he seems more interested in getting them to buy into the 603 agenda. Government shouldn’t tell people how to live or dictate to businesses how they should operate, Sununu said. It’s about providing opportunities for people to make their own decisions in their lives.

“(New Hampshire wants) a president that understands the individual comes first, the business comes first, the parent comes first,” Sununu said. “That’s really what Live Free or Die means.” 

When he does make an endorsement decision in the coming week, Sununu said he will go all out for the candidate he backs.

“I tend to not leave anything on the table,” Sununu said.

Sununu played coy when meeting with national media after Haley’s stump speech. Asked when he would make his endorsement, he replied, “Sometime after today.”

Even if Eric Spofford is charged as part of the vandalism conspiracy targeting New Hampshire Public Radio reporter Lauren Chooljian, he still has the right to sue the broadcaster for defamation, according to Rockingham Superior Court Judge Daniel St. Hilaire. 

This week’s ruling was a setback for NHPR, which sought to head off Spofford’s attempt to revive the defamation lawsuit. Spofford maintains NHPR and Chooljian were reckless in reporting allegations of sexual misconduct and sexual assault against him.

The public broadcaster argued Spofford’s connection to Eric Labarge and the alleged criminal conspiracy showed his bad faith in the lawsuit. They wanted the court to end his quest to see Chooljian’s work product.

Spofford’s associate, Labarge, 46, was charged this month for allegedly conspiring to vandalize the homes of Chooljian, NHPR journalist Dan Barrick, and their families. Larbarge allegedly coordinated the vandalism with co-defendants Tucker Cockerline, 32, of Salem; Michael Waselchuck, 35, of Seabrook; and Keenan Saniatan, 36, of Nashua.

Labarge, himself the owner of several recovery centers, is described by prosecutors as Spofford’s “close personal associate.”

St. Hilaire denied NHPR’s request to prevent Spofford from accessing Chooljian’s notes and interview transcripts for her story. For St. Hilaire, it was about the presumption of innocence.

“Even if charges were brought against Spofford directly, the Court is not convinced that would warrant reconsideration of the balance of interest in this case given the presumption of innocence at the core of our criminal justice system,” St. Hilaire wrote.

Spofford is not accused of taking part in the vandalism conspiracy himself. According to St. Hilaire, the available documents from the federal case don’t show he was even aware of the vandalism conspiracy.

St. Hilaire dismissed Spofford’s lawsuit this year, finding he had not provided the evidence in his 300-plus page complaint to back his claims. However, Spofford is being allowed to refile the complaint. For that, Spofford said he needs to see Chooljian’s notes and interview transcripts to find the evidence St. Hilaire found lacking the first time.

With the defamation case still open for now, NHPR has been broadcasting a new series by Chooljian, “The 13th Step.” The program focuses on her story of reporting on Spofford, the vandalism, and the lawsuit. It also looks at cases of sexual predators in recovery settings in other states.

Spofford has denied all wrongdoing alleged in Chooljian’s reporting. His lawsuit claimed Chooljian based her reporting on a biased source who was looking to hurt his reputation, ignored sources who contradicted the abuse narrative, and reported as fact things that never happened. 

According to Spofford’s lawsuit, Chooljian was looking for a #metoo scalp to bolster her resume, and she and the liberal-leaning NHPR targeted him because of his conservative views.

Spofford came to prominence as a recovery success story. He was an addict who got clean and started Granite Recover Centers to help others. His business grew as New Hampshire grappled with its opioid addiction crisis, and he became a leading voice on recovery initiatives. Spofford even counseled Gov. Chris Sununu on dealing with the opioid crisis.

Spofford sold Granite Recovery Centers for an undisclosed sum, thought to be in the millions, to a Texas-based company in 2021.

Progressive activists who pushed for a state marker honoring a Granite State Stalinist are suing, claiming the Sununu administration did not follow procedure when it took down the historic plaque.

State officials changed the rules, then broke them, in the scramble to remove the sign honoring notorious Communist Elizabeth Gurley Flynn, according to the lawsuit filed this week.

The Historic Highways marker for Flynn, the former U.S. Communist Party Chair convicted of advocating the violent overthrow of the U.S. government, was removed from its Concord location on May 15, less than two weeks after it was unveiled. The marker is currently in the possession of the New Hampshire Department of Transportation.

Now, liberal activists Arnie Alpert and Mary Lee Sargent, represented by lawyer and former Executive Counselor Andru Volinsky, accuse Gov. Chris Sununu and others of breaking the law to get rid of the Flynn marker in the face of community backlash.

‘The State has the unequivocal legal duty to follow its own duly adopted laws and not to act by the fiat of the Governor and members of the Executive Council,” Volinsky wrote.

Alpert and Sarget want a judge to order the marker to be erected once again at its original Concord location.

The marker was unveiled on May 1, and the state’s Department of Natural and Cultural Resources promoted Flynn’s tribute. That did not sit well with Executive Councilor Joe Kenney, who lodged a complaint at the May 3 Executive Council meeting.

“Well, I’m going to say that this particular person has no historic value here in Concord. And this person, Elizabeth Gurley Flynn, was a profound Communist who died a Soviet, who was anti-American,” Kenney said. “I am dead set against this. And I think it’s an embarrassment that we have a program that allows us to put Communists on historical markers and then say, ‘Oh, that’s part of our history.’ It’s not part of my history.”

In the days that followed, Flynn’s record as an unrepentant Stalinist who supported the Soviet Union during the height of the Cold War and received a Red Square burial came to light. As members of the public began to speak out,  Sununu vowed to get rid of the marker and blamed Concord City Council members for approving its placement.

Concord officials rejected that argument, pointing out that the marker is a state sign for a state program approved and funded by the state.

The marker was removed on May 15 and is currently in the possession of the New Hampshire Department of Transportation.

In a statement regarding the lawsuit, Sununu welcomed Alpert and Sargent’s court case, saying criticizing the government is an important part of the American Way.

“America is a free country, and we appreciate their ability to sue the government for a decision they might disagree with — a privilege not afforded to citizens in communist countries. An avowed Communist who benefited from a state funeral in Moscow’s Red Square should not be celebrated in New Hampshire. All policies were followed when removing this Anti-American sign, and it will not be coming back under my watch,” Sununu said.

The Department of Natural and Cultural Resources changed the rules for removing Historic Highway Markers after that May 3 meeting, allowing for removing markers that could be deemed inappropriate. However, according to the lawsuit, the new rules still required that the decision go to the Historical Resources Council.

According to the lawsuit, Department of Natural and Cultural Resources Commissioner Sarah Stewart ignored the rules and, on May 12, ordered that the sign be removed. 

“Commissioner Stewart did not consult the State Historical Resources Council as required by the newly amended policy,” Volinsky wrote. “Nor was the reason for retirement officially recorded in the minutes of the State Historical Resources Council also as required by the newly amended policy.”

Flynn was born in 1890 in Concord and became a socialist activist in her teens. She was a founding member of the American Civil Liberties Union and, in 1936, joined the Community Party, becoming the U.S. party chair in 1961.

She joined the Communist Party during Josef Stalin’s deadly purge and high-profile show trials, facts known to the public at the time. When Flynn joined in 1936, the Soviets had already murdered nearly 9 million people in Ukraine and other territories in what is now known as the Holodomor. Another 1.2 million were about to be killed in Stalin’s great purge. 

Her membership in the party got her expelled from the ACLU in 1940 when the civil rights groups formally denounced Communism. A decade later, she was found guilty under the Smith Act of advocating the overthrow of the U.S. government by force and violence. 

The Soviet government gave Flynn a state funeral in Red Square, with more than 25,000 people attending.

A Manchester alderman has asked the state’s attorney general to look into Mayor Joyce Craig’s office and its handling of a request for emails from the mother of Harmony Montgomery, the seven-year-old girl allegedly murdered by her father.

Now Gov. Chris Sununu has gotten involved, contacting the AG’s Office regarding the matter and decrying Craig’s lack of accountability.

“It is about leadership. You have to be able to be transparent, be responsible, be accountable. Unfortunately, there hasn’t been a lot of accountability out of the mayor’s office,” Sununu told NHJournal Thursday.

Sununu contacted Attorney General John Formella’s office after hearing complaints from Manchester Alderman Joseph Kelly Levasseur about Craig’s questionable handling of a Right to Know request.

“I received a message from local leadership in Manchester. I brought it to the attention of the attorney general and asked if they were looking at it,” Sununu said.

Michael Garrity, communications director for Formella’s office, said the matter is under review.

“We are aware of the matter. We have not made a determination regarding any potential next steps,” Garrity said.

NHJournal filed its Right to Know request with Craig’s office last month soon after the affidavit detailing Harmony’s gruesome murder was unsealed. It was the first time the public learned what police said happened to the little girl. Additionally, the affidavit also sheds light on the failures of the Division of Children, Youth and Families to keep tabs on a child known to be in an abusive home, as well as the response of other officials, like Craig.

NHJournal requested any emails sent to Craig by Harmony’s mother, Crystal Sorey, as well as any response from the mayor’s office. Craig’s office ignored the request, made under the state’s RSA 91-A, and did not respond until contacted by an attorney well after the statutory deadline had passed.

The eventual response from the City of Manchester’s IT Department claimed there were no emails between Sorey and Craig’s office.

In reality, there were at least two: A Dec. 29, 2021, email from Sorey to Craig pleading for help finding her child; and a response from a member of Craig’s staff to Sorey declining to offer any aid and informing Sorey to call 911 if she felt her daughter was in danger.

At that point, Harmony Montgomery was already dead.

Craig’s mishandling of the matter is symptomatic of her failed leadership in Manchester across the board, from housing to education to the opioid crisis, Sununu said.

“Unfortunately, Manchester has had a leadership problem for quite some time. Joyce Craig’s leadership style is to hide under the desk and blame everyone else. And it’s a shame because with the unprecedented amount of money and support around schools and mental health and the opioid crisis, the rest of the state is redesigning their systems and providing opportunities for their citizens,” Sununu said.

“The people of Manchester should be furious that they’re being left behind.”

Craig isn’t seeking re-election, instead launching an exploratory committee for a bid for governor in 2024.

One candidate hoping to replace Craig in the mayor’s office, Republican Jay Ruais, said Craig and her staff should have done more for a desperate mother.

“When a person reaches out in crisis, every effort should be made to address their concerns, follow up, and assist in making appropriate connections while using the power of the office to make a difference,” Ruais said.

Ruais also faulted Craig and her team for ignoring a Right to Know request, saying it creates an atmosphere of distrust between the elected representatives and the public they are supposed to serve. 

“The mayor’s office needs to be accountable, transparent. and swift in its actions when working with the public. The failure to release these records contributes to the already growing distrust of our elected officials in Manchester,” Ruais said. “A good leader making good decisions should have no problem being open to the people who elected them. Manchester has a right, and the mayor’s office has an obligation, to communicate what is going on in City Hall. Anything less than full transparency is completely unacceptable.”

Levasseur is angry with the way Craig and her office seem to be covering up the emails. His email to Sununu, sent Wednesday night, demands some form of accountability.

“I would appreciate (an) AG’s Office investigation into the city of Manchester’s IT Department. Couldn’t find the email? How many other RTK requests has that department covered up for Craig?” Levasseur wrote.

Shannon MacLeod, Craig’s chief of staff, did not respond to a request for comment on Thursday. MacLeod is also the staffer who initially ignored NHJournal’s Right to Know request for the emails.

“When an extremely important email sent to the mayor’s office goes missing- (could not be found after a FOIA request by the IT Department), it leads one to question the level of trust we can have in our city officials,” said Lavasseur. “I believe the attorney general of this state should be investigating the city’s IT Department and the mayor’s office to find the actual reason a specific email from Harmony’s mother could not be found. The answer from our IT Department raises more questions and concerns. The citizens of Manchester deserve answers.”

The puzzling aspect regarding Craig’s actions is the fact Sorey’s email to her office has already been reported in the press and is a matter of public knowledge. NHJournal sought a copy of the email as well as any response after the unsealing of the murder affidavit filed against Harmony’s father, Adam Montgomery. 

That affidavit, written by Manchester Police Detective John Dunleavy, states the investigation into Harmony’s disappearance started when representatives with the Division of Children, Youth and Families reported they could not find the girl on Dec. 27, 2021. 

Sorey had already called Manchester police on Nov. 18, 2021. The affidavit does not indicate police received any communication from Craig’s office following Sorey’s email to the mayor’s office.