Peña Ramos, 26, and Johan Jose Martinez-Rangel, 21, both of whom entered the U.S. illegally, are charged with capital murder in connection with the death of Jocelyn Nungaray. The child was found strangled in a Houston creek on June 17, after allegedly being lured and assaulted by the suspects.
In a filing reported by Fox News, Peña Ramos’ lawyer argues that extensive media coverage has the potential to produce “undue prejudice” and interfere with the defendant’s right to a fair trial. The attorney has requested that all parties involved—including law enforcement, the Houston Forensic Science Center, and court personnel—be prohibited from making public statements or disseminating information about the case.
The protective order filing cites statements made by Harris County District Attorney Kim Ogg, including remarks like, “Make no mistake, this is a horrific crime,” and “The immigration system is broken.” Peña Ramos’ legal team contends that these comments go beyond what was appropriate during the probable cause hearing and may bias public opinion.
The filing states: “The additional extra-judicial statements to the news media are likely to produce a result of undue prejudice in the community to deprive the Defendant of a fair trial guaranteed by Article I of the Texas Constitution and the Sixth and Fourteenth Amendments to the United States Constitution.”
The motion requests that all involved in the case refrain from further public communication about it. Peña Ramos’ attorneys emphasize that these steps are necessary to ensure a fair trial and mitigate the impact of media coverage on the proceedings.