A Fulton County jury must decide whether a sex video involving Waffle House chairman Joe Rogers Jr. was recorded illegally.

More than a week of testimony in the case concluded Tuesday afternoon, clearing the way for jurors to begin deliberating. Those deliberations will continue Wednesday morning.

Mye Brindle, former housekeeper for Rogers, claims she was sexually assaulted by Rogers. At the advice of her attorneys at the time, David Cohen and John Butters, Brindle videotaped a sexual encounter with Rogers in his home as evidence of the harassment. Brindle, Cohen and Butters are all charged with unlawful surveillance.

Brindle retained the two attorneys for her 2012 civil lawsuit against Rogers.

Two of the three defendants in the Waffle House case, attorneys David Cohen (left) and John Butters listen to testimony. STEVE SCHAEFER / SPECIAL TO THE AJC
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Prosecutors contend that Rogers had a right to privacy in his own home. Rogers claims the sexual acts with Brindle were consensual. But defense attorneys argued in closing arguments that no crime was committed, and that Rogers lied under oath and is a sexual predator.

“Joe Rogers is a filthy, despicable human being,” defense attorney Brian Steel told the jurors.