Trump meets with Jocelyn Nungaray’s family as suspect in illegal migrant’s murder complains of not getting fair treatment

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The attorney for one of the illegal immigrant suspects charged with the murder of 12-year-old Texas girl Jocelyn Nungaray has filed a request for a protective order to ensure that the negative media attention the case has received does not prevent him from enjoying his right to a fair trial.

Two Venezuelan nationals – Johan Jose Martinez-Rangel, 21, and Franklin Jose Peña Ramos, 26 – have been charged with capital murder in Nungaray’s death after the 12-year-old was found strangled to death in a Houston creek on June 17.

The two men reportedly entered the United States illegally earlier this year.

Peña’s attorneys filed a protective order “preventing the parties to this case, law enforcement officials, the Houston Forensic Science Center or court personnel from making any out-of-court statements or otherwise disseminating information regarding this case through any means of public communication.”

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In the protective order filing, reviewed by Fox News Digital, attorneys argued that media attention was “likely to produce an undue prejudice result” during Peña’s trial.

“The additional extrajudicial statements to the media are likely to produce a result of undue prejudice in the community that would deprive the defendant of a fair trial guaranteed by Article I of the Texas Constitution and the Sixth and Fourteenth Amendments to the United States Constitution,” the motion states.

The filing alleges that Harris County District Attorney Kim Ogg “made numerous statements about the case that went beyond the prosecutor’s statements at the probable cause hearing.”

The documents quote Ogg as saying, “Make no mistake, this is a horrific crime” and “the immigration system is broken.” Peña’s attorney argued those statements would prejudice his trial.

In the filing, Peña’s attorneys conclude their motion by asking all parties involved in the case to “refrain from making any further extrajudicial statements relating to this case and to refrain from any further dissemination of information, whether previously disclosed to the public or not, concerning this case by way of public communication, and to obtain any other just and appropriate relief in this matter.”

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Nungaray’s killing has sparked calls for increased border surveillance and accountability.

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During Trump’s visit to the southern border on August 22, Alexis Nungaray, the mother of the 12-year-old girl, spoke out about her daughter’s killing.

“It’s still very, very early. It’s still very, very raw. It’s still very, very surreal,” she said.

Alexis said Peña and Martinez “should not have been released” after their initial detention.

“There were over 300 beds where they should have been (sic) because they were being held, and they were released when they shouldn’t have been,” Alexis said. “One of them had an electronic bracelet, but that didn’t stop anything.”

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“So I’m going to have to spend the rest of my life constantly asking my son about his sister,” she said.

Fox News Digital has reached out to the Harris County District Attorney’s Office and Peña’s attorney for comment.