In court Wednesday, attorneys for both sides urged Judge Josh Hill to hold Ogg accountable for violating a gag order in the 12-year-old Houston girl’s murder case.
HARRIS COUNTY, Texas — On Wednesday, a Harris County judge indicated he’s still considering a criminal contempt hearing against former District Attorney Kim Ogg, after she publicly commented on a suspect in the Jocelyn Nungaray murder case.
The initial request to hold Ogg in contempt came from both prosecution and defense attorneys involved in the case of the 12-year-old Houston girl killed in 2024.
At a prior hearing on June 2, those attorneys pointed to a television interview Ogg had done just days before, in which she revealed confidential information about suspect Franklin Pena. It was a move they characterized as improper and in violation of a 2024 gag order.
Both sides also stated that they would file state bar grievances regarding Ogg’s conduct.
In court on Wednesday, attorneys for Pena presented new evidence against Ogg and argued that she had further violated the original gag order.
The first piece of evidence was a flyer promoting a June 16 event hosted by the Kingwood Tea Party. The flyer lists Ogg as a featured guest and includes the phrase: “No gag order at Kingwood TEA Party. Should be an interesting night.”
The second piece of evidence was a local news article citing a speech Ogg gave at a Log Cabin Republicans gathering. In the speech, Ogg reportedly claimed she was not subject to a gag order at the time of her previous interviews.
At that same meeting, she allegedly said in part: “Now, I’ve been silenced by the court on that case. So, we’ll leave it at the fact that I’m against the rape and murder of little girls. Are you?”
Early in the hearing, Judge Josh Hill had appeared reluctant to pursue a contempt hearing, but later said he would reevaluate after hearing the new evidence.
“Here’s an individual who now says, ‘I understand I’m under a gag order, but I’m going to opine again on their guilt and innocence,'” Josh Reiss with the Harris County District Attorney’s office said. “Judge, you need to hold a contempt hearing.”
On Wednesday, Hill also announced that he’d filed an amended gag order, further restricting public statements about the case. The revised order explicitly bars all current, former, and future attorneys involved in the Nungaray case from speaking publicly about it.
When attorneys for co-defendant Martinez-Rangel requested a parallel gag order for their client’s proceedings, the judge agreed.
The Harris County District Attorney’s Office later asked the judge to expand the order to include witnesses. Judge Hill verbally agreed but said witnesses may seek permission from the court if they wish to speak publicly.
The next court hearing in the case is scheduled for July 28.