consequences, this alternate juror apparently had romance on the mind and was scolded by the judge for what he called a stupid thing to do. now this alternate apologized for writing a flirty note to a court martial asking him to meet her at a bar. the defense asked to dismiss her but the judge said he thought she could still be impartial and that he needs her. you see a female juror was excused friday after a clerk court overheard her bad mouthing a defense witness to another juror which leaves 12 jurors and only one alternate left now. shep? shepard: the defense rested today. what happens next. tomorrow the prosecutors will call the first of their rebuttal witnesses. today jurors heard from hayes himself through a letter that he wrote to his son two years before the home invasion about his long criminal history and drugs. closing arguments could come as soon as thursday. shep? shepard: laura ingle live in new york city. thanks. fox news is america s election headquarters. and vo