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Lucio Vasquez / Houston Public Media
Former Harris County District Attorney Kim Ogg has been ordered to appear in court next month to determine if she violated a gag order in the capital murder case of 12-year-old Jocelyn Nungaray.
Ogg was ordered Friday to appear in court at 9:30 a.m. July 28, when Judge Josh Hill of the 232nd District Court could determine if the former district attorney should be held in contempt of court after she made public remarks about the case, which has garnered national attention.
Defense attorneys for Johan Jose Martinez-Rangel, 21, and Franklin Peña, 26 — two Venezuelan men accused of raping and killing Nungaray last year in Houston — have sought to have Ogg held in contempt after she appeared on local TV station FOX 26, alleging in an interview that Peña was formerly accused of sexually assaulting a woman in Costa Rica. The Harris County DA’s office, now led by fellow Democrat Sean Teare, is seeking the death penalty in the case.
RELATED: Jocelyn Nungaray’s death sparked outcries about immigration. The men accused of killing her still await trial
A gag order request last year stemmed in part from comments Ogg made during the case’s proceedings, attorneys asserted in court documents. Lawyers said the order was necessary for a fair and impartial jury trial, and Hill vehemently urged prosecutors and the defense to refrain from discussing parts of the case openly. The issue arose again this year after Ogg appeared on the local TV station.
Court filings in the case also reference Ogg’s comments at a Kingwood Tea Party event, where she openly discussed the case while addressing public corruption and bail reform, according to court documents.
Ogg declined to comment Friday.
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