A Cobb County Superior Court judge said Wednesday he’ll need time to decide whether a sex video involving the chairman of the board of the Waffle House restaurant chain was recorded illegally.

Cobb Superior Court Judge Robert Leonard heard hours of testimony at a hearing Wednesday afternoon regarding a lawsuit in the ongoing case. Leonard then told the court he would take the case under advisement and issue a ruling at a later time.

Waffle House CEO Joe Rogers Jr. states in the lawsuit that three attorneys hired by his ex-housekeeper used extortion in attempts to force him to settle the woman’s sexual harassment claims. The three attorneys want the case thrown out.

In his suit, filed May 30, Rogers accuses attorneys David Cohen, Hylton Dupree and John Butters of scheming with housekeeper Mye Brindle to illegally obtain evidence.

At the center of the dispute is a video that Rogers says was recorded without his knowledge. He states in his lawsuit that the three attorneys instructed Brindle to record sexual encounters with Rogers.

“As part of their scheme, Defendants decided that a video clearly depicting the sexual encounters would enable them to force Rogers to pay exorbitant sums under the threat that they would disclose publicly the sexual encounters which had occurred between Brindle and Rogers,” the lawsuit states.

The three attorneys contend a demand letter was not extortion and that Rogers was not forced to pay anything.

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