Lawyers on Trial for Making Waffle House CEO Sex Tape

By William Vogeler, Esq. on April 05, 2018 | Last updated on March 21, 2019

Who is the kettle and who is the pot in this story?

A maid surreptitiously recorded herself having sex with her boss. It was to be part of a sexual harassment case against him.

Now the maid is on trial for recording the sex act. She says her lawyers made her do it. Somebody is going to get cooked.

Waffle House

Along with the maid, attorneys John Butters and David Cohen face charges of unlawful eavesdropping on Joe Rogers, Jr. He is the former chief executive officer of Waffle House.

The story began in Georgia in 2012, when Mye Brindle hired the lawyers to pursue a sexual harassment case against Rogers. She claimed he had taken advantage of her sexually for years.

They told her to videotape it. Soon after, they made a $12 million demand on the executive and followed up with a civil suit. That case is still pending because of other legal wrangling.

Prosecutors saw the tape and filed criminal charges against Brindle and her attorneys. A judge threw the case out, but the state supreme court sent it back for trial.

Illegal Eavesdropping

Butters and Cohen, who beat extortion and conspiracy charges in the case, are sticking to their story on the remaining eavesdropping charge. They say they gave proper legal advice to their client.

As trial began, Prosecutor Melissa Redmon argued that Brindle had consented to the sexual contact. She said Brindle often gave Rogers sexual favors.

"What you won't see on the camera is any threats, any coercion," Redmon said.

Fran Rogers, the executive's wife, testified tearfully about her experience. She was standing by her husband in the courtroom, but the prosecutors hadn't played the tape yet.

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