A Harris County judge has expanded a gag order in the Jocelyn Nungaray case to include former District Attorney Kim Ogg after she made public comments about one of the men accused of Nungaray’s murder on live television.
District Judge Josh Hill expanded the scope of a gag order in the ongoing case involving the alleged murderers of 12-year-old Jocelyn Nungaray on Monday. While the original order applied to those directly involved in court proceedings, it now explicitly includes former Harris County District Attorney Kim Ogg, who was still serving as DA when prosecution in the case began.
The move follows Ogg’s recent appearance on Fox 26, during which she disclosed previously unreleased information regarding Franklin Peña, one of the two Venezuelan nationals accused of raping and killing Nungaray.
Peña entered the U.S. on May 29, 2024. He was arrested and subsequently released by U.S. border agents only days later. Jocelyn was killed June 17, 2024.
During the interview, Ogg revealed that Peña had allegedly sexually assaulted an American woman in Costa Rica prior to entering Texas. Ogg explained she was bringing this information forward now “because I am very concerned about the decisions my successor district attorney has been making.” Harris County DA Sean Teare has dismissed multiple cases Ogg filed over the past few months.
In response, defense attorneys for the two accused men filed a request for Judge Hill to hold Ogg in contempt of court. They also moved to formally introduce the expanded gag order and called for the current DA’s office to launch a criminal investigation into Ogg’s conduct. The Harris County District Attorney’s Office has confirmed that it is filing a grievance with the State Bar of Texas.
Josh Reiss, general counsel for the DA’s office, condemned Ogg’s actions, stating, “Ogg’s statements were extraordinary, grossly inappropriate, [and an] abhorrent violation of the rules of professional conduct.”
The original gag order, issued in September 2024, was designed to prevent comments to the media that could sway potential jurors and compromise the defendants’ right to a fair trial. Although Ogg no longer holds an official position, the revised order affirms that her public comments still carry influence.
The updated order also considers whether to include members of Jocelyn Nungaray’s family, such as her mother, Alexis Nungaray, who has been outspoken about her daughter’s death and the role she believes illegal immigration played in it. Some of these family members may be called as witnesses.
Judge Hill, however, expressed concern about the constitutional implications of restricting the speech of Jocelyn’s family members, citing potential First Amendment issues.
Both men charged in the case—Franklin Peña and Johan Jose Martinez Rangel—remain in custody and could face the death penalty if convicted.
