Defense in Sex Tape Trial Shifts Focus to Waffle House Exec's Alleged Harassment
Waffle House Chairman Joe Rogers' testimony that he "had never pursued anyone in an unwanted fashion" opened the door to questions about an earlier harassment claim by another former housekeeper.
April 05, 2018 at 03:11 PM
5 minute read
A defense lawyer in the Waffle House sex tape case attempted to turn the tables and put company chairman Joe Rogers Jr. on trial Thursday for allegedly assaulting and sexually harassing longtime housekeeper Mye Brindle.
Sounding like plaintiffs' lawyers in a sexual harassment case rather than defense counsel, attorneys for the former housekeeper of Rogers and her lawyers on Thursday attempted to paint the executive as an alleged serial harasser willing to lie under oath.
Attorneys defending Brindle and her two former lawyers, David Cohen and former Cobb County prosecutor John Butters, in their ongoing felony eavesdropping trial over the recording of a sex tape of Rogers sought to deflect Rogers' earlier testimony that a 2012 sexual encounter with Brindle in the bedroom of his home was consensual.
Cohen, Butters, Brindle and their lawyers contend that Rogers sexually harassed and assaulted Brindle for nearly a decade while she worked as his housekeeper. Cohen's attorney, Brian Steel, has argued that recording the secret sex tape was legal because it constituted evidence of a crime.
That recording became the basis for a demand letter Cohen sent Rogers that raised the specter of ruinous publicity if he did not privately settle Brindle's harassment and sexual assault civil claims. Brindle's lawyers sought as much as $12 million.
Cohen sent the demand letter after Brindle left her resignation letter in Rogers' sock drawer. The resignation letter said, in part, “I can no longer bear the pain, humiliation and damage to my well-being from what you have demanded and required of me in this position. It has been unbearable.”
Steel put Rogers' character on trial Thursday, citing a vacated court opinion accusing him of perjury, suborning perjury and bribery in a decades-old sexual harassment case against Texas Waffle House executives, and accused Rogers of groping a former housekeeper and nanny in 1994 as she gave him a massage.
Jimmy Berry, who represents Butters, questioned Rogers about an affair he had with another Waffle House executive that spanned nearly a decade while Rogers was married to two other women. Berry suggested the affair violated Waffle House's harassment policies.
Steel spent more than three hours using the vacated judicial opinion to impeach Rogers after he testified he “never pursued anyone in an unwanted fashion.” Rogers was not a defendant in that case.
But, according to Steel, Chief Judge Jerry Buchmeyer of the U.S. District Court for the Northern District of Texas called out Rogers, in addition to Texas Waffle House executives, in his 1997 ruling.
Steel also sought to draw a parallel between Rogers' insistence that his sexual interludes with Brindle were consensual, and his claims in the Texas case that a female employee welcomed the demeaning and occasionally vulgar comments flagged by the judge.
“You told this jury—20 years later—that Ms. Brindle participated in sexual contact with you and welcomed it,” Steel said. “The same thing that [Texas] judge said you lied about?”
Echoing Rogers' description of Brindle's video and her lawyers' subsequent demand letter as “a setup and a shakedown,” Steel contended that Rogers referred to the Texas lawsuit as a “setup and a shakedown,” too.
“I never told anyone that,” Rogers replied.
Waffle House settled the Texas case for a reported $8 million. Steel claimed Rogers “paid money to hush it up.”
“Obviously, we didn't hush up anything,” Rogers replied. “Things got messed up. Sometimes you have to pay that stupid tax and move on, because we had a business to run.”
Steel also contended Rogers groped a previous housekeeper married to one of his employees at least six years before Brindle was hired.
The incident, the lawyer said, took place at Rogers' Colorado ranch during the 1990s. Steel claimed the encounter led to the young couple's divorce because her husband, who managed Rogers' house and grounds, begged her not to complain.
“You prey on people you can manipulate, that you have under your economic power,” Steel said.
“I'm sorry, Mr. Steel, but I don't believe that,” Rogers said.
Steel also suggested Rogers has a reputation that, “No one says no to Joe, and that if employees step out of line, stand up to Joe … you crush them.”
Steel also contended that sexually servicing Rogers “was part of her duties, like cleaning your toilet. … Does she ever, ever show she is enjoying this?”
“I was stupid in what I did,” Rogers said. “I should not have continued … especially after Fran and I got married. I was wrong personally to do that to Fran.” But, he added, “I never had a sense I was doing something to Mye.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllFowler White Burnett Opens Jacksonville Office Focused on Transportation Practice
3 minute readGeorgia High Court Clarifies Time Limit for Lawyers' Breach-of-Contract Claims
6 minute readSoutheast Firm Leaders Predict Stability, Growth in Second Trump Administration
4 minute readTrending Stories
- 1Trailblazing Broward Judge Retires; Legacy Includes Bush v. Gore
- 2Federal Judge Named in Lawsuit Over Underage Drinking Party at His California Home
- 3'Almost an Arms Race': California Law Firms Scooped Up Lateral Talent by the Handful in 2024
- 4Pittsburgh Judge Rules Loan Company's Online Arbitration Agreement Unenforceable
- 5As a New Year Dawns, the Value of Florida’s Revised Mediation Laws Comes Into Greater Focus
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250