HOUSTON, Texas — Former Harris County District Attorney Kim Ogg is scheduled to appear in court on Monday to respond to allegations that she violated a gag order in the high-profile Jocelyn Nungaray murder case. Judge Josh Hill will preside over the hearing to determine whether Ogg should be held in contempt for disclosing case details during televised interviews.
The accusations stem from Ogg’s June media appearances, where she discussed aspects of the case after a revised gag order had been issued.
On June 18, Judge Hill modified the existing gag order to explicitly prohibit any public commentary on the case by current or former attorneys involved.
Both the prosecution and the defense submitted requests for the court to consider contempt charges against Ogg, citing statements she made regarding one of the suspects, Franklin Peña. Ogg claimed Peña had allegedly raped an American woman in Costa Rica prior to the rape and murder of 12-year-old Jocelyn Nungaray in Houston.
Defense attorney Lisa Andrews argued that Ogg’s public comments constituted a breach of the court’s protective order and requested a criminal investigation into the matter. She emphasized that Ogg has not had access to official case updates since leaving office in December 2024, questioning the reliability of her statements.
Joshua Reiss, general counsel for the District Attorney’s Office, described Ogg’s actions as a serious violation of professional conduct. He confirmed that Ogg’s interview was not authorized and announced plans to file a grievance with the State Bar of Texas.
Defense attorneys have expressed concern that media coverage and political rhetoric could compromise the defendants’ right to a fair trial.
Ogg has defended her decision to speak publicly, citing disagreements with her successor, District Attorney Sean Teare, over case management. However, the court’s original gag order, issued in September 2023, was specifically intended to limit extra-judicial comments from parties including Ogg.
Judge Hill is expected to review evidence submitted by both parties, including video recordings and transcripts of Ogg’s interviews.
The court has not yet indicated whether a formal ruling will be issued immediately following Monday’s hearing.
