Bloomberg Businessweek reported that the Madoff Five trial judge cut the jury down to 11 after dismissing one of the members when she fell ill. Because her health isn’t likely to improve in the near future, the deliberations resumed without replacing her, as that may have been disruptive since they were already under way, reported the article.

Defense attorney and shareholder at Buchanan Ingersoll & Rooney, Stuart Slotnick told the publication that a reduced jury usually isn’t helpful for the defense. “The more jurors the better because all jurors have to agree upon a criminal verdict beyond a reasonable doubt,” he said.

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