In the wake of considerable media coverage surrounding the tragic death of 12-year-old Jocelyn Nungaray, whose body was discovered in a north Houston creek, Franklin Jose Peña Ramos, one of the suspects charged with her murder, has pushed for a protective order. According to Click2Houston, the order seeks to prevent "undue prejudice" that might arise from public comments made about the case, potentially impinging on his right to a fair trial.
Lisa Andrews, Peña's defense attorney, has expressed concerns about the handling of the case by the incumbent district attorney, Kim Ogg, claiming that the high-profile nature of the investigation has been used for political ends, according to details provided by The Houston Chronicle. During her endorsement of Senator Ted Cruz, Ogg cited the prosecution as an example of crimes allegedly committed by illegal immigrants, a move that Andrews condemned as a politicization of the sensitive case.
The request for the gag order is fueled by concerns that Ogg’s public statements, including an interview with KPRC 2, could impact the jury pool. In the interview, Ogg was quoted saying, “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,” which Peña's attorneys regard as speculative and possibly prejudicial, according to Click2Houston.
Jocelyn's tragic death has reignited fiery debates on immigration policies, prompting legislators like Sen. Ted Cruz and Rep. Troy Nehls to propose the "Justice for Jocelyn Act", which lays down strictures on the release of detained immigrants, as highlighted by Click2Houston. Both Peña and Johan Jose Martinez-Rangel, the other suspect, had been previously detained but were released under ICE's Alternatives to Detention programs, moments that have come under sharp scrutiny.
The issue has raised concern amongst various members of the community, including Jocelyn's mother Alexis Nungaray, who, during a news conference, said "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,” a statement obtained by Click2Houston. Meanwhile, the state has defended Ogg's comments as protected speech, notwithstanding the disagreement presented by the defense. Judge Josh Hill, who is presiding over the case, decided not to issue an immediate ruling on the protective order, opting to take a "deep dive" into the concerns raised by both parties.
