HOUSTON – Months after two Venezuelans were charged with the murder of Houston 12-year-old Jocelyn Nungaray, one of the suspects asked for a protective order to keep prosecutors and other people related to the case from talking about it publicly.
Franklin Jose Peña Ramos’s attorneys said the gag order was needed to ensure media attention about the case doesn’t prevent their client from having a fair trial.
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On Wednesday morning, that order was rejected when the two men appeared in court. However, Judge Josh Hill filed an alternative gag order that was released later in the day.
Johan Jose Martinez-Rangel, 22, and Peña, 26, are 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 the night before. A medical examiner determined she was strangled.
Peña’s attorneys filed the 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.”
However, Judge Hill ruled the wording of the potential gag order was too broad since it ordered speech restrictions on thousands of employees, including those with the Houston Police Department, the forensic center, and courtroom personnel.
“The protective order that’s being sought by Mr. Pena is overly broad,” Jessica Caird, with Harris County District Attorney’s Office, said. “There’s no way it can pass constitutional muster. It’s not even close... No individual working for the government checks their First Amendment or Texas Constitutional free speech rights at the door the second they take a job.”
The defense again emphasized its concerns surrounding media influence and other outside noise bringing prejudice into the trial. The judge indicated that gag orders would need to comply with existing laws and be specific to the parties involved and their representation.
During the hearing, the judge also approved a release of records from the U.S. Border Patrol and ICE regarding the suspects. There were no objections from either side in this matter.
Later in the day Wednesday, Judge Hill released an alternative protective order.
The new gag order issued by Judge Hill offers many of the restrictions on public communications that Peña’s attorneys were hoping to have enacted.
The primary difference is that these limitations are only enforced on the parties directly involved in the case, including the attorneys, witnesses, and others affiliated with the case. The order even extends to staffing interns at the attorney’s respective offices.
The order explicitly prohibits all parties and witnesses in the case from discussing aspects of the case within any public forum, including speaking with the media or posting on social media.
Case details that were mentioned specifically within the order included discussions of a party’s credibility, the possibility of a guilty plea, and any opinion of guilt or innocence of a defendant. The order also prohibits discussions of any information that is “likely to materially prejudice the trial.”