Jocelyn Nungaray case: Defense attorneys seek gag order in 12-year-old's murder case
HOUSTON - The two men accused of raping and killing 12-year-old Jocelyn Nungaray were back in court on Wednesday. 26-year-old Franklin Jose Pena and 22-year-old Johan Jose Rangel Martinez appeared in front of a judge for the arraignment.
In court, both defense teams representing Pena and Martinez were asking for a gag order to be put in place. The attorneys claim public officials are politicizing the case and that lab results were leaked to the media before the defense knew the results.
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Franklin Jose Pena and Johan Jose Rangel Martinez were arrested back in June. They are accused of murdering and sexually assaulting Nungaray.
"This young lady was taken from them. It’s just a horrible situation that you just don’t want to imagine," said Joe Vinas, a criminal defense attorney.
In court, the defense attorney’s asked Judge Josh Hill for a gag order following the district attorney’s office speaking about the case outside of court and officials leaking evidence.
"I’ve never had a case where a lab actually leaks information, so that certainly is a red flag to me," said one attorney in the courtroom.
"The elected DA doesn’t have any business going out there and speaking to the public saying that these people are guilty. That’s for the people to decide," said Vinas.
"She was preyed on by two illegal Venezuelan immigrants," said Alexis Nungaray, Jocelyn's mother. "That Monday morning, June 17, was terrifying waking up to know your child was missing and frantically searching the area where her phone was being pinged."
The arraignment comes days after Nungaray’s mother testified to Congress. The mother called on lawmakers to secure the border and urged them to pass the Justice for Jocelyn Act. The act would keep detained immigrants in custody while their cases are proceeding. The proposal is backed by Texas Republican Senator Ted Cruz.
The attorneys are still waiting to see what exactly will be in the judge's court order. The next hearings for Jose Pena Ramos and Johan Jose Rangel Martinez will be in November.