Jocelyn Nungaray murder suspect seeks injunction to avoid ‘undue prejudice’ and ensure fair trial

HOUSTON – Months after two Venezuelans were jailed for the murder of 12-year-old Jocelyn Nungaray, whose body was found in a creek north of Houston, one of the murder suspects is now seeking a restraining order to ensure that the media attention the case has attracted does not prevent him from receiving a fair trial.

Johan Jose Martinez-Rangel, 22, and Franklin Jose Peña Ramos, 26, were charged with capital crimes in connection with the death of Jocelyn Nungaray. Her body was found in a creek on June 17 after she disappeared on her way to a supermarket. A medical examiner determined she had been strangled.

Because the case has attracted widespread national and media attention, Peña's lawyers have filed for a temporary restraining order “preventing any party to this proceeding, law enforcement officials, the Houston Forensic Science Center, or court personnel from making any out-of-court statements or otherwise disseminating any information relating to this proceeding.” [sic] through any public means of communication.”

In other words, with the gag order, Peña's lawyers want to ensure their client a fair trial that will not be marred by comments about the case.

“The additional out-of-court statements to the news media are likely to create undue bias in the community and 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 continues.

The restraining order even cites a June KPRC 2 interview in which our Brittany Jeffers spoke with Harris County District Attorney Kim Ogg. During that time, both Rangel and Peña were in federal immigration custody — meaning they would remain in custody even if they were able to post bail.

In the motion, Peña's lawyers claim Ogg made speculative and biased comments about the case when she told KPRC 2, “All cases evolve and we file charges early because we want to have these dangerous defendants in custody. We do not wait until all the evidence is in to file the first charge because we want to protect the public and give the victim's family peace of mind that these monsters will not flee from justice.”

FULL TRANSCRIPTED INTERVIEW: Harris County District Attorney analyzes Jocelyn Nungaray murder case

Nungaray's family and politicians are pushing for stricter immigration laws.

In August, two Republicans, U.S. Senator Ted Cruz and U.S. Representative Troy Nehls, introduced a bill called the “Justice for Jocelyn Act.” It would prevent federal authorities from releasing a detained immigrant if beds are available in a detention center.

That's because both Peña and Ramos entered the U.S. illegally on separate occasions near El Paso earlier this year, according to court records. They were detained by U.S. Border Patrol but released with a notice to appear in court at a later date, according to the U.S. Immigration and Customs Service (ICE).

Their release came under ICE's Alternatives to Detention program, which allows for the release of detained immigrants while their immigration cases are pending. ICE uses GPS tracking, phone calls and a phone app to monitor them and ensure they appear in court.

“The two men who took my daughter from me should never have been here. They should never have been able to roam our streets as freely as they did,” Alexis Nungaray, Jocelyn Nungaray's mother, said at a press conference.

Democrat Ogg also expressed his support for the law because “it makes us safer and because crime is more important than party politics.”

View the protective order in the document below.

Our own Brittany Jeffers will have more on this story in a LIVE report on KPRC 2 News Today and KPRC 2+.

The Associated Press contributed to this report.