HOUSTON – Months after two Venezuelans were put behind bars for the murder of 12-year-old Jocelyn Nungaray, whose body was found in a north Houston creek, one of those murder suspects is now asking for a protective order to ensure the media attention the case has gotten won’t prevent him from having a fair trial.
TIMELINE: Significant events surrounding death of 12-year-old Jocelyn Nungaray
Johan Jose Martinez-Rangel, 22, and Franklin Jose Peña Ramos, 26, have been charged with capital murder in the death of Jocelyn Nungaray, whose body was found in a creek June 17 after she disappeared during a walk to a convenience store. A medical examiner determined she was strangled.
Due to the case gaining national and media attention, Peña’s attorneys have filed a protective order “preventing the parties to this cause, law enforcement officials, the Houston Forensic Science Center, or court personnel from making extrajudicial statements or otherwise disseminating information concerning this cause [sic] by any means of public communications.”
In other words, by filing this gag order, Peña’s attorneys are looking to ensure their client has a fair trial that isn’t sullied by comments made about the case.
“The additional extra-judicial statements to the news media are likely to produce a result of undue prejudice in the community to deprive the Defendant of a fair trial guaranteed by Article I of the Texas Constitution and the Sixth and Fourteenth Amendments to the United States Constitution,” the motion adds.
The protective order even cites a KPRC 2 interview from June when our Brittany Jeffers spoke with Harris County District Attorney Kim Ogg. During that time, both Rangel and Peña were under immigration hold by federal authorities - meaning they would remain in custody even if they could post bond.
In the motion, Peña’s attorneys claim Ogg made speculative and prejudicial comments on the case when she told KPRC 2, “All cases evolve and we file charges early because we want those dangerous defendants in custody. We don’t wait for all of the evidence to make the initial charge, because we want to protect the public, and we want to give the victim’s family some assurance that these monsters are not going to flee the jurisdiction.”
FULL TRANSCRIPTED INTERVIEW: Harris County District Attorney breaks down Jocelyn Nungaray’s murder case
Our Brittany Jeffers was in the courtroom Wednesday morning, where a decision was not made on the motion. Ultimately, the judge says he wants to take a deep dive. They are currently under “oral admonishment,” but he says he wants to look into the defense’s motion, as well as the state’s response.
Peña entered the courtroom in cuffs and a yellow jumpsuit, along with an interpreter. His attorney filed that motion for protective order or a gag order, criticizing Ogg’s comments, calling them speculation.
The state, however, refuted this claim saying it’s protected, even if it is disagreeable.
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Nungaray’s family and lawmakers have been pushing for tougher immigration laws.
In August, U.S. Sen. Ted Cruz and U.S. Rep. Troy Nehls, both Republicans, introduced legislation called the “Justice for Jocelyn Act.” It would prevent federal authorities from releasing a detained immigrant if there are open beds available at a detention center.
This is because both Peña and Ramos, according to court records, entered the United States illegally earlier this year on separate occasions near El Paso. They were arrested by the U.S. Border Patrol but released with orders to appear in court at a later date, according to the U.S. Department of Immigration and Customs Enforcement (ICE).
Their release came through ICE’s Alternatives to Detention programs, which allow detained immigrants to be freed while their immigration cases are pending. ICE uses GPS monitoring, phone calls, and a phone app to monitor them and ensure they make their court appearances.
“The two men who ripped my daughter away from me should have never been here. They should never have been roaming our streets freely, as freely as they were,” Alexis Nungaray, Jocelyn Nungaray’s mother, said at a news conference.
Ogg, a Democrat, also expressed support for the legislation because “it will make us safer and because crime is bigger than partisanship.”
Take a look at the protective order in the document below.
The Associated Press contributed to this report.