Jocelyn Nungaray Case: One Year Later, Trial Still Pending

A year ago Monday, Jocelyn Nungaray’s body was found in a shallow bayou. The grim discovery set off a police manhunt for her killer, and captured national attention because of its brutality and the usage of the case by politicians to attack immigration.

The 12-year-old had been sexually assaulted before being strangled, according to authorities. Her body was bound before it was cast aside.

Within days of her death, two men — Franklin Peña and Johan Martinez-Rangel — had been arrested and charged with her murder.

RELATED: Ex-Harris County DA Kim Ogg faces possible contempt hearing over Jocelyn Nungaray TV interview

Peña and Martinez-Rangel are both Venezuelan nationals, a fact that pushed discussions about Jocelyn’s murder into the national debate about immigration. Then candidate Donald Trump invoked Jocelyn during his presidential campaign and, after his victory, hosted Jocelyn’s mother at his address to Congress in March.

A year after her death, it’s still unclear when her accused killers will stand trial, as court proceedings are still in early stages.

Here’s what to know.

No trial scheduled yet

As of Monday, no trial had been scheduled for Peña or Martinez-Rangel. That’s not unusual. In Harris County, it can take years for a capital murder case to reach trial.

Both Peña and Martinez-Rangel are being held in custody at the Harris County Jail with bail set at $10 million.

Court records show that prosecutors have sought records from federal immigration authorities, including Customs and Border Protection and Immigration and Customs Enforcement, in connection to the case.

Prosecutors have said they intend to try Peña and Martinez-Rangel separately.

RELATED: Jocelyn Nungaray's mother testifies before Congress

Death penalty declaration

In December, former district attorney Kim Ogg announced that her office would seek the death penalty against Peña and Martinez-Rangel.

The decision, just months after the men's arrest, was made quickly compared to other capital murder cases.

The men are accused of sexually assaulting Jocelyn during the alleged attack. That piece of the accusation is important. In Texas, a murder committed in the midst of a sexual assault can be punished with the death penalty.

The crime the men were originally charged with – murder of a person between the age of 10 and 15 years old – is not eligible for the death penalty without there being another aggravating factor.

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A gag order argument

There has been one recent development in the case: a burgeoning contempt hearing against Ogg.

On May 29, the former DA went on Fox 26 and talked about the case. In her interview, Ogg revealed that a woman had approached the DA’s office and said she had previously been assaulted by Peña while they were both in Costa Rica.

Ogg said she wanted the public to know that detail, and insinuated, without evidence, that DA Sean Teare might be reconsidering seeking the death penalty.

The appearance drew rebukes from defense attorneys and the DA’s office who accused Ogg of breaking a gag order issued in September and of violating ethics rules by revealing confidential information about the case to the public. Attorneys said they would make complaints to the State Bar of Texas, and asked Judge Josh Hill to hold Ogg in contempt.

As of Thursday, Hill was still considering whether to order a hearing to consider a criminal contempt complaint.

Law changes

Since last year, state and federal lawmakers have called for laws to be changed in light of the details around Jocelyn’s death.

In July, U.S. Sen. Ted Cruz proposed the Justice for Jocelyn Act, which would require ICE to fill all of its detention beds before any migrants are released. The Texas Republican described the bill as an end to “catch and release” immigration policies put in place by the Biden administration.

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Both Peña and Rangel-Martinez were said to have been encountered by Border Patrol officers after entering the United States, and then released with future immigration court dates.

Neither had been accused of a crime in Texas before their arrests.

Despite having a Republican majority in the House and Senate, and a GOP president in Trump, the Justice for Jocelyn Act hasn’t been passed.

Even so, migrant detention facilities are reportedly at capacity, and Trump has moved to “catch and release” policies.

Similarly, Texas lawmakers proposed a law in Jocelyn’s name that would have banned judges from setting bail to an "illegal alien" charged with a felony. The law passed the Senate in February; but failed to earn enough support in the House of Representatives to pass into law.