The lawyer of one of many unlawful migrant suspects charged within the homicide of Texas 12-year-old Jocelyn Nungaray has filed for a protecting order to make sure that the damaging media consideration the case has obtained is not going to stop him from his proper to a good trial.
Two Venezuelan nationals – 21-year-old Johan Jose Martinez-Rangel and 26-year-old Franklin Jose Peña Ramos – have been charged with capital homicide in Nungaray’s demise after the 12-year-old was discovered strangled to demise in a Houston creek on June 17.
The 2 males reportedly crossed illegally into the US earlier this yr.
Peña’s attorneys filed a protecting order “stopping the events to this trigger, legislation enforcement officers, the Houston Forensic Science Middle, or courtroom personnel from making extrajudicial statements or in any other case disseminating info regarding this trigger by any technique of public communications.”
Within the protecting order submitting, reviewed by Fox Information Digital, the attorneys argued that media consideration was “more likely to produce a results of undue prejudice” throughout Peña’s trial.
“The extra extra-judicial statements to the information media are more likely to produce a results of undue prejudice locally to deprive the Defendant of a good trial assured by Article I of the Texas Structure and the Sixth and Fourteenth Amendments to the USA Structure,” the movement mentioned.
The submitting argued that Harris County District Legal professional Kim Ogg made “made quite a few statements concerning the case that went past the statements of the prosecutor through the possible trigger listening to.”
The paperwork cited Ogg saying: “[M]make no mistake, this can be a horrific crime” and “the immigration system is damaged.” Peña’s lawyer argued that these statements would produce prejudice in his trial.
Within the submitting, Peña’s attorneys concluded their request by asking for all events concerned within the case to “chorus from making any additional extrajudicial statements regarding this trigger and to chorus from additional dissemination of knowledge, no matter whether or not the knowledge was beforehand disclosed to the general public, regarding this trigger by the use of public communication, and for all different reduction simply and correct within the case.”
Jocelyn Nungaray household speaks out
Nungaray’s homicide has prompted requires stronger border enforcement and accountability.
Throughout Trump’s go to to the southern border on Aug. 22, Alexis Nungaray, the mom of the 12-year-old, spoke out about her daughter’s homicide.
“It’s nonetheless very, very early. It’s nonetheless very, very uncooked. It’s nonetheless very, very surreal,” she mentioned.
Alexis mentioned Peña and Martinez “shouldn’t have been launched” after they have been first detained.
“There was over 300 detention beds that they need to have been at (sic) as a result of they have been detained, and so they have been launched after they shouldn’t have been launched,” Alexis mentioned. “One had an ankle monitor, however that didn’t cease something.”
“So now I’ve to undergo the remainder of my life with my son at all times asking for his sister,” she mentioned.
Fox Information Digital has reached out to the Harris County District Legal professional’s Workplace and Peña’s lawyer for remark.
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