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.
On June 17, 12-year-old Nungaray was found strangled to death in a creek in Houston, and two Venezuelan nationals, Johan Jose Martinez Rangel, 21, and Franklin Jose Peña Ramos, 26, have been charged with murder in her death.
The pair reportedly entered the US illegally 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 personnel from making any extrajudicial statements or disseminating by any public means any information concerning this litigation.”
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.
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, refrain from disseminating any further information regarding this matter, whether or not previously disclosed through public communications, and seek any other relief that is just and appropriate in this matter.”
Jocelyn Nangaray’s family speaks out
Nungaray’s killing has prompted calls for stronger border security and accountability.
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 very, very raw. It’s very, very surreal,” she said.
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.”
“So now I have to spend the rest of my life hearing my son calling for his sister all the time,” she said.
Fox News Digital has reached out to the Harris County District Attorney’s Office and Peña’s attorney for comment.
