Harris County judge updates gag order on Jocelyn Nungary case following former DA's media interviews

Gag order tightened in Jocelyn Nungaray case

A major development in the high profile case of 12-year-old Jocelyn Nungaray. A judge has expanded a gag order to include now former Harris County DA Kim Ogg.

HARRIS COUNTY - A Harris County judge has updated a gag order for Texas prosecutors and any attorney with any involvement in the case of Jocelyn Nungaray's murder.

Jocelyn Nungaray case: New gag order 

What we know:

According to documents from the Harris County District Clerk's Office, Judge Josh Hill signed a new order that applies to state prosecutors and "any attorney currently involved, previously involved, or to be involved in this case."

The case is specifically against Franklin Peña, one of two suspects who admitted to raping, kidnapping, and murdering Jocelyn Nungaray. 

The order says those with any professional ties to the case are prohibited from sharing or using "information that was obtained by means of his or her office or employment and which is not contained in the Court's public file or record."

Attorneys are not allowed to share the information for "non-governmental" purposes, to publicly speculate about the case, or to help someone else publicly speculate about the case.

In addition, Judge Hill's order limits anyone involved in the case from publicly sharing anything that happens during Peña's trial. That includes interactions with the press, or any posts made on professional or personal social media accounts.

The attorneys also have to get court permission to publicly comment (whether on their own or to help someone else) on the defendants' prior criminal allegations.

This comes after former Harris County District Attorney Kim Ogg spoke with FOX 26 in May 2025, revealing that Peña was accused of raping a woman.

Ogg now faces a possible contempt hearing following her interviews with multiple news outlets.

Jocelyn Nungaray case: New protective order underway following Kim Ogg interviews

Former Harris County District Attorney Kim Ogg is facing a possible contempt hearing following interviews she gave to FOX 26 and FOX News regarding the Jocelyn Nungaray capital murder case. FOX 26's Jonathan Mejia recaps the Nungaray case and the new gag order.

What they're saying:

"The Court FINDS that there is a substantial probability that continued interviews, public speaking, media and social media articles, postings, and/or comments on this case will likely prejudice one or both parties' right to a fair process as well as the right to a fair trial," the order reads. "The Court FINDS that the willingness of the parties and former attorneys and/or public servants to give interviews, conduct press conferences, have press releases, and/or independently post case events to any media outlet, including social media, only serve to increase the volume of pre-trial and in-trial publicity."

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