A lawyer for one of the defendants in that case says she's been releasing details of the case to the public that shouldn't be known.
While no trial date has been set for the defendants, Franklin Pena and Johan Jose Martinez-Rangel, former Harris County District Attorney Kim Ogg must show up in court next month for a contempt of court hearing.
According to court records, a judge issued a gag order in the capital murder case last year on September 11, while Ogg was the district attorney, and restricted any lawyer involved in the case from making certain comments in public.
Court filings show Ogg spoke about the case in media interviews, the latest one was this past May.
After the current District Attorney's office asked a judge to expand the gag order, she was told not to discuss the case in public.
According to court documents, a little more than a week later, Ogg referenced the case and gag order in a speech to the Log Cabin Republicans on June 11.
The case gained national attention when two men were accused of sexually assaulting and killing Nungaray in north Houston. One local attorney ABC13 spoke with says gag orders are put in place to prevent the outcome of a trial from being impacted.
"Every defendant, no matter how bad the offense, no matter how bad the defender is, is entitled to a fair trial that's not tainted or polluted, so that anybody could jeopardize the defendant's right to a fair trial," attorney Brian Wice said.
Wice tells ABC13 that Ogg could face jail time if found guilty.
"This is a big deal because if Mrs. Ogg is convicted of any one of a number of counts of violating Judge Hill's gag order, she could receive a maximum possible punishment of up to 6 months in the Harris County jail and a $500 fine or both," Wice said.
ABC13 reached out to both Ogg and Pena's attorneys but did not receive a response.
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