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Waffle House Sex Video Messy?

Waffle House mess? No, I’m not talking about that goo that drips on the floor under the waffle makers, I’m talking about the sex scandal involving Joe Rogers, Jr., former Waffle House CEO. Most folks who get into sex scandals don’t make the news, just the gossip rounds on the base, hospital, courthouse, etc. But poor ol’ Mr. Rogers, he’s got a scandal going on that is making the news. Seems he had a household employee of some nine years, a Ms. Mye Brindle, who alleges that she was brought in to perform certain sexual favors for Mr. Rogers. She says it was part of the job. Alas, at some point she figured she had done enough, so she videotaped one such encounter and then asked for, get ready, she asked for $30,000,000.00. That’s a lot of zeros after that 3. Were he to pay that, she wouldn’t tell anybody about the tryst she said.

waffle house sex scandal

Now, to be fair, her attorneys say she was worth up to $95 million, but I’m at a loss as to how one calculates that. Mr. Rogers? He was willing to pay $100,000 for her to go away. When parties can’t resolve things, a court battle ensues. The video that Ms. Brindle produced was obviously done surreptitiously but what it did show, according to the court, was consensual sex. The trial judge has decided that the video is illegal and inadmissible, meaning the jury won’t get to see it. The court is relying on the Georgia surveillance statute, which yours truly has opined about before, which says, in OCGA 16-11-62 (2): “It shall be unlawful for: Any person, through the use of any device, without the consent of all persons observed, to observe, photograph, or record the activities of another which occur in any private place and out of public view…”

Mr. Rogers has a plethora of lawyers and pretty good ones to boot, so they sued Ms. Brindle, alleging that she committed fraud by videotaping a “consensual” act and then engaging in extortion to keep it private. Rogers took it even further, suing all the lawyers for Ms. Brindle, alleging that they put her up to it. The appellate courts have held that if the lawyers had a role in the taking of the video, the lawyers have got their own problems and will need even more lawyers.

This answers the age old question, if your lawyer tells you to do something that is arguably illegal, can the lawyer get in trouble? Sure ‘nuff, he can. So if you’re going to take your lawyer’s illegal advice, at least you have a someone to sit at the defense table with you during the trial.

Kelly Burke, master attorney, former district attorney and magistrate judge, is engaged in private practice. He writes about the law, rock’n’roll and politics. These articles are not designed to give legal advice, but are designed to inform the public about how the law affects their daily lives. Contact Kelly atkelly@burkelasseterllc.com to comment on this article or suggest articles that you’d like to see.

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