Introduction to the Case
A hearing to determine whether former Harris County District Attorney Kim Ogg could be held in contempt of court for making public remarks in the capital murder case of 12-year-old Jocelyn Nungaray has been rescheduled for October. The delay comes as Ogg’s attorney, state Rep. Mitch Little, is in Austin for a special session of the Texas Legislature.
Background of the Case
The case involves two Venezuelan men, Johan Jose Martinez-Rangel, 21, and Franklin Peña, 26, who are accused of raping and killing Nungaray last year in Houston. The Harris County DA’s office, now led by Sean Teare, is seeking the death penalty against Martinez-Rangel and Peña. A gag order was requested last year to ensure a fair and impartial jury trial, after Ogg made comments during the case’s proceedings.
The Contempt of Court Hearing
Defense attorneys for Martinez-Rangel and Peña sought to have Ogg held in contempt after she appeared on local TV station FOX 26, alleging that Peña was formerly accused of sexually assaulting a woman in Costa Rica. The hearing was originally scheduled for Monday but has been rescheduled for October 28, after the special session of the Texas Legislature concludes.
Ogg’s Attorney Response
Ogg’s attorney, Mitch Little, confirmed the rescheduled hearing in an email. Little has stated that the case details at the center of the gag order are "very well-know facts" and that Ogg is entitled to the same protection of her right to free expression under the Texas Constitution as every other private citizen.
The Special Session of the Texas Legislature
The special session of the Texas Legislature is currently underway, with lawmakers discussing items such as mid-decade congressional redistricting, THC regulations, and flood relief for the Texas Hill Country. Little’s presence in Austin for the special session is the reason for the delayed hearing.
Conclusion
The case of former Harris County District Attorney Kim Ogg and the capital murder case of 12-year-old Jocelyn Nungaray is complex and ongoing. The rescheduled hearing in October will determine whether Ogg could be held in contempt of court for making public remarks about the case. As the case continues to unfold, it is essential to consider the importance of fair and impartial jury trials, as well as the right to free expression under the Texas Constitution.
