Fitzgerald argued in favor of adding an alternate to the jury, so that 12 could deliberate. That would mean that deliberations would have to start anew. Wells had argued that that would mean that two and a half days of deliberations would be thrown away. Judge Walton just ruled that deliberations will go forward with 11 jurors. If something happens to another juror, then there are two alternates who can be added, although that will mean going back to square one in the deliberations.