A defendant charged with capital murder in Harris County spent close to a year in the county jail before his case ever reached a jury. He could not post bond. Texas law places capital defendants among the few categories where bail can be denied outright, or set at a level most people cannot meet. Todd Mensing, a Houston trial attorney board certified in Civil Trial Law by the Texas Board of Legal Specialization, joined the defense on a pro bono basis. He worked alongside Houston criminal defense lawyer Christian Capitaine.

The case, State of Texas v. Johnson, went to trial. Johnson did not testify, a decision that shapes nearly every felony defense strategy. Defense lawyers weigh how a client will likely hold up under cross-examination against the risk that jurors read silence as an admission, despite instructions telling them not to.

Jurors deliberated, then came back deadlocked. It split eight to five toward acquittal. A judge declared a mistrial, and Harris County prosecutors chose not to pursue a second trial. The charges were eventually dropped.

That outcome broke what had been, by Mensing’s account, a 75-0 record for the Harris County District Attorney’s Office in capital murder trials. A hung jury tilted toward acquittal does not carry the same legal weight as a not-guilty verdict. Prosecutors rarely bring a second capital case once they fail to convict the first time. Functionally, this one ended the way an acquittal would have.

Mensing’s day-to-day practice centers on commercial litigation at AZA Law, where he has built a trial record of more than 60 cases across Texas state and federal courts. His criminal work, including the Johnson case, has come through occasional pro bono representation alongside experienced criminal defense counsel. It is a pattern he has used more than once to step outside his usual docket.