Former Harris County District Attorney Kim Ogg made a return to a Houston courtroom on Tuesday, following several months of delays regarding potential criminal contempt charges associated with her remarks on the controversial murder case of 12-year-old Jocelyn Nungaray.
This hearing reignited public interest, especially as one of Ogg’s lawyers raised pressing issues about free speech rights and the authority of the court.
Ogg was present alongside her legal team, including her primary lawyer, State Representative Mitch Little.
Originally scheduled for July, the conference had faced a postponement after Little requested a break in proceedings. He argued that Ogg might be penalized for publicly discussing Nungaray’s case, remarks previously characterized by Judge Hill as “extraordinarily, grossly inappropriate.”
During Tuesday’s hearing, there were also discussions on whether Judge Hill would need to step back from overseeing Ogg’s case. Ogg’s participation in the dialogue was minimal, consisting mainly of brief remarks to Little.
Though it was confirmed that Hill would continue overseeing this round of proceedings, Little hinted there may be a future motion filed to recuse Hill.
The judge reiterated that the issue concerning Ogg would not be addressed at this time and would instead be postponed for future consideration. Additionally, he reaffirmed that Little would act as Ogg’s lead counsel going forward.
Addressing the media after the proceedings, Mitch assured that no gag order was in place before, asserting that such an order would violate the First Amendment. He stated, “The free speech protections in Texas actually surpass those of the U.S. Constitution.” The key point of contention is whether there was an appropriate evidentiary hearing and necessary findings before the judge contemplated issuing a gag order.
When pressed about the introduction of contempt charges, Little expressed optimism: “I really hope that won’t be the case.” Ogg, he stated, “is absolutely not in contempt. Certain constitutional questions need to be resolved that are crucial for all Texans.”
After the court session, Ogg did not address the media.
This controversy originates from the horrendous murder and sexual assault of Nungaray, allegedly perpetrated by Venezuelan migrants Johan Jose Martinez-Rangel and Franklin Jose Peña Ramos. The tragedy caught national attention, especially as it was used by some GOP leaders to push for stricter anti-immigration policies. Peña Ramos was also present in court on Tuesday.
Following her exit from office, Ogg frequently commented on the pending capital murder trials involving Martinez and Peña Ramos, including remarks made at a Log Cabin Republicans meeting in June, wherein she discussed a recently expanded gag order that included her.
Judge Hill described her remarks about the case as “an abhorrent violation of the rules of professional conduct.”
“The court has placed constraints on my ability to speak about this case. A few weeks ago, I shared my thoughts during interviews without any gag order,” Ogg argued in June. “Now that I’m under one, what remains is my firm opposition to the sexual violence and murder of children. What’s your stance?”
