A lawyer for one of the suspected illegal immigrants charged with the murder of 12-year-old Jocelyn Nungarei in Texas has filed for a protective order to ensure that negative media attention to the case does not interfere with his right to a fair trial.
Two Venezuelan nationals, Johan Jose Martinez Rangel, 21, and Franklin Jose Peña Ramos, 26, have been charged with Nungaray’s murder after his body was found strangled in a creek in Houston on June 17.
The two men reportedly Illegally crossed the border It was introduced in the US earlier this year.
Peña’s lawyers filed for a protective order “enjoying the parties to this litigation, law enforcement officials, the Houston Forensic Science Center, and court officials from making any extrajudicial statements or disseminating by any public means any information concerning this litigation.”
Jocelyn Nangaray was sexually assaulted before her alleged murder by illegal immigrant, family claims
Franklin Jose Peña Ramos (left) and Johan Jose Martinez Rangel are charged with murdering Jocelyn Nungaray on June 16, 2024, in Houston. (Harris County Jail)
In the application for a protective order, reviewed by Fox News Digital, the lawyers argued that media attention during Peña’s trial “is likely to result in unfair prejudice.”
“Additional out-of-court statements to the press could have the effect of causing unfair prejudice to the community and depriving the defendant of a fair trial as guaranteed by Article I of the Texas Constitution and the Sixth and Fourteenth Amendments to the United States Constitution,” the motion states.
The lawsuit alleges that Harris County District Attorney Kim Ogg “made numerous statements about the case that went beyond what the prosecutor stated during the probable cause hearing.”
The document quotes Ogg as saying: “[M]”Make no mistake, this is a horrific crime,” and “the immigration system is not working,” Peña said. Peña’s lawyers argued those comments would prejudice his trial.
Jocelyn Nangaray, 12, was found strangled to death in a creek in Houston. (Courtesy of Fox Houston and the Nungarei Family)
In their motion, Peña’s lawyers concluded their request by asking all parties involved in the case to “refrain from making any further out-of-court statements regarding this matter, to refrain from disseminating any further information regarding this matter, whether or not such information has been previously made public, and to seek all just and appropriate relief in this matter.”
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Jocelyn Nangaray was murdered on June 16, 2024 in North Houston. (Getty Images)
Jocelyn Nangaray’s family speaks out
Nungaray’s killing has prompted calls for stronger border security and accountability.
The suspected illegal immigrant accused of killing Jocelyn Nangaray was wearing an ice ankle monitor.
During President Trump’s visit to the southern border on Aug. 22, Alexis Nungaray, the mother of the 12-year-old girl, spoke out about her daughter’s killing.
“It’s still very, very early. It’s still very, very raw. It’s still very, very surreal,” she said.
Former President Trump comforts Alexis Nunagaray, the mother of Jocelyn Nunagaray, who was killed by an illegal immigrant in June, during a visit to the U.S.-Mexico border fence south of Sierra Vista, Arizona, on August 22, 2024. (Rebecca Noble/Getty Images)
Alexis said Peña and Martinez “should never have been released” after being initially detained.
“There were over 300 detention beds that should have been there because they were being held, but they were released when they shouldn’t have been,” Alexis said. “Some had ankle monitors, but that didn’t protect them from anything.”
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“So now I have to live the rest of my life with my son always calling me his sister,” she said.
Fox News Digital has reached out to the Harris County District Attorney’s Office and Peña’s attorney for comment.
