The jury charged with deciding whether a tourist?s injuries were the result of brutality by Ocean Beach police officers or a drunken fall was ordered back to square one Wednesday.

One of the 12 jurors had to be hospitalized and was replaced by an alternate juror. The jury was told to scrap all previous deliberations and conclusions and will start over on Thursday.

Manhattan resident Sam Gilberd is accusing former Ocean Beach Police Chief George Hesse and another officer of assault, claiming he was beaten up after being issued a ticket for littering in the summer of 2005. The 36-year-old admits he was drunk and kicked the door of the police station on his way out. Prosecutors say that was what provoked the officers.

Gilberd suffered a ruptured bladder and bruises to his face. Throughout the monthlong trial, the prosecution has contended the officers repeatedly kicked him in the abdomen and punched him in the face. The defense says Gilberd was so drunk that he ruptured his bladder when he stumbled on a police scooter and fell on the ground.