One of the men accused of strangling 12-year-old Jocelyn Nungaray before leaving her body in a north Houston bayou is remorseful, his defense attorney tells only KPRC 2 News.
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“I definitely believe he understands the gravity of the situation,” said Daniel Werlinger, one of two defense attorneys appointed to represent Franklin Pena said. “Based off of the probable cause summary, and the things that he told the police, I would definitely categorize it as he is very remorseful for the situation that he finds himself in.”
Pena, who is illegally in the U.S. from Venezuela, had his bond set at $10 million during his first Harris County court appearance on Monday.
Last week, Immigration and Customs Enforcement (ICE) lodged a detainer on Pena and his co-defendant, 22-year-old Johan Martinez-Rangel, who is also in the country illegally from Venezuela.
“As long as there’s ICE hold in place, he’s not going anywhere. The bond can be set at $1. It would not matter,” Werlinger said.
Prior to the murder, Pena and Martinez-Rangel spent hours at Ojos Locos off the North Freeway, prosecutors revealed in court Monday.
“Was he drunk that night?” KPRC 2′s Bryce Newberry asked.
“I have nothing, one way or the other to know, whether any alcohol that was served at that location has anything to do with this case or anything to do with my client,” Werlinger said.
According to court papers, prosecutors believe alcohol was a factor in this case, and Pena would not be allowed to consume alcohol because of that if released on bond.
Pena and Martinez-Rangel allegedly asked Jocelyn for directions and lured her to a Rankin Road bridge, where they tied her up, removed her pants, strangled her and then threw her body in the bayou to get rid of DNA, court records show.
After the murder, prosecutors allege the men asked their construction boss for money to get out of town.
“There was an understanding that something went wrong, someone got hurt and someone was killed,” said Megan Long, lead prosecutor on the case from the Harris County District Attorney’s Office.
Werlinger would not elaborate on that call, but Long said the boss ultimately came forward and helped police identify the men and their location.
Pena did not know Jocelyn before her death, District Attorney Kim Ogg said Monday.
“We have to protect our most valuable resources, our kids,” she said. “Our immigration system is broken and if there was ever a case that reflected that, it’s this one.”
Werlinger would not discuss why Pena came to the U.S. or what his plans were here.
He said based on the evidence presented so far, there are some defensible issues and they are still looking into the connection between Pena and Martinez-Rangel.
“They’re potentially roommates. But beyond that, I am not prepared to comment further on on any relationship, if any, other than they shared a domicile together,” Werlinger said.
Defense attorneys for Pena filed a motion asking the judge to block any jail visitors or interviews, citing the high profile nature of the case.
"If it does not die down anytime soon and it becomes a cause célèbre for the upcoming political cycle, then that is going to have profound impact on how this case could be potentially tried and potentially where it will be tried,” Werlinger said.
He acknowledged the toughness of the case but said his client deserves his day in court.
Pena is not due back in court until September.