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Contempt Hearing for Ex–Harris County DA Kim Ogg Delayed Again in Nungaray Case

The court will first consider defense claims that the gag order is unconstitutional.

Overview

  • Ogg appeared Tuesday in the 232nd District Court, but the proceeding did not go forward and no new date was set.
  • Her attorney, Mitch Little, said both sides will brief free‑speech issues and raised whether Judge Josh Hill should be recused before any contempt determination.
  • Prosecutors and defense counsel for the accused sought court enforcement of gag restrictions, and the judge declined an immediate admonishment while noting any contempt finding could be appealed.
  • The alleged violations include Ogg’s December 2024 statement on Fox & Friends that she would seek the death penalty and her disclosure of an accusation that Franklin Peña sexually assaulted a U.S. traveler in Costa Rica.
  • A standing order from September 2024 was tightened on June 18, 2025 after Ogg’s media interviews, and a contempt finding could carry penalties such as a fine or jail time.