HOUSTON – Harris County prosecutors and defense attorneys for Franklin Peña, one of the suspects in the Jocelyn Nungaray murder case, are asking Judge Josh Hill for a more tailored gag order after former District Attorney Kim Ogg revealed new evidence in the case during an interview with another TV station last week.
Defense attorney Lisa Andrews asked Judge Hill to hold Ogg in contempt of court and asked the DA’s office for a criminal investigation of Ogg’s airing of new details in the case, including for possible misuse of official information.
READ: Houston judge limits what attorneys and others can say in Jocelyn Nungaray murder case
Both sides also said they would be filing state bar grievances regarding Ogg’s conduct.
Ogg said in a televised interview last week that Peña allegedly raped an American woman while she was on vacation in Costa Rica prior to the alleged rape and murder of Nungaray last June in Houston.
Joshua Reiss, general counsel for the DA’s office, called it an abhorrent violation of the professional rules of conduct.
“Former district attorney Kim Ogg took it upon herself for political reasons to reveal confidential information part of this defendant’s case and regarding the district attorney’s ongoing investigation with regard to that case,” Reiss said.
He continued, “Let me be extremely clear. The district attorney’s office, the Teare administration, absolutely, positively 1,000% did not give Kim Ogg permission to give that interview to Fox 26. It absolutely 1000% does not condone what she did. And in fact, this week, the Harris County District Attorney’s Office will be filing a bar grievance."
Andrews pointed out that Ogg hasn’t been privy to investigative details in the case since she left office at the end of 2024 and doesn’t know if the allegations may have been proven untrue.
“In my 27 years as a practicing criminal attorney, I have never seen a former DA or current DA go to the media and release confidential information that they learned in the scope of their employment,” Andrews said. “And let’s really think about this. Ogg hasn’t been a part of the police or DA investigation since December 31st, 2024. It is now June 2nd, 2025. She has no current knowledge about this investigation whatsoever."
The death penalty case, which has brought immigration issues to the forefront, has been high profile nationwide because the two defendants are illegally in the U.S. from Venezuela.
“Former DA Ogg used this case for her own political benefit. She was defeated at the polls, but is seeking to remake herself politically by coming out strongly against illegal immigration," Andrews said.
Defense attorneys have raised concerns about their clients getting a fair trial.
A gag order has been in place in the case since last September when defense attorneys argued Ogg was making too many extra-judicial statements, including in an interview with KPRC 2+.
READ: Harris County District Attorney breaks down Jocelyn Nungaray’s murder case
In the recent interview, Ogg said that she was making the details public because she’s concerned about decisions that have been made by her successor, Sean Teare.
Judge Hill is expected to take the issue under consideration and issue a ruling in the future about a more tailored gag order.
KPRC 2’s Bryce Newberry has reached out to Ogg for a response. Ogg so far has declined to respond.
This is a developing story. Check back for updates.