HOUSTON – A judge has signed a new gag order in the Jocelyn Nungaray murder case following televised interviews in which former Harris County District Attorney Kim Ogg revealed new details about the case.
The gag order was revised after Judge Hill was asked by both the prosecution and defense to hold Ogg in contempt court following her public comments.
In court Wednesday morning, the defense presented additional evidence pointing to media appearances they argue violated the initial gag order that was put in place to protect the case.
Ogg is accused of disclosing that one of the suspects, Franklin Peña, allegedly raped an American woman in Costa Rica before Jocelyn’s murder in Houston.
FIRST REPORT: Jocelyn Nungaray case: Defense attorneys call for former DA Kim Ogg to be held in contempt of court
The revised gag order now prohibits disclosing information in the case to the public for all attorneys involved, whether past, present or future.
The court also notes that “it is a violation of Texas Penal Code 39.06 or any public servant to disclose or uses for a nongovernmental purpose information obtained by means of that public servant’s office or employment and which had not been made public.”
Ogg reached out to KPRC 2, saying that she was unable to speak to the allegations against her until the judge issued a written Order clarifying the scope of his prohibitions in this matter.
What happened?
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 stated that they would file state bar grievances regarding Ogg’s conduct.
Ogg said in a televised interview that Peña allegedly raped an American woman while she was on vacation in Costa Rica before 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 undocumented immigrants 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.
