Rogers has admitted in court filings to having "infrequent consensual sexual encounters" with Brindle. However, he denies engaging in sexual harassment and claims the woman initially sued as an attempt to extort money.
In July 2013, a Cobb County Superior Court judge ruled that Brindle may have illegally videotaped the acts with Rogers, stating "the video recording makes it clear that (the woman) was a willing participant in the sexual encounter and is not the victim of sexual battery."
Rogers told Channel 2 the sex was unwise but consensual.
“I’ve disappointed a lot of people,” Rogers said. “I’ve let a lot of folks down.”
Channel 2 spoke with defense attorney Kim Keheley Frye, who said the judge’s ruling opened the door for Cohen and Butter to face trial themselves.
Because Brindle made a sex tape without Rogers’ knowledge or consent, which is illegal in Georgia, Brindle’s attorneys sent what amounted to an extortion letter to Rogers threatening to expose the affair, according to Channel 2 Action News.
The case against Cohen and Butter caused Brindle a tremendous amount of harm because her case, which has stalled, can’t be heard, Frye told the station.
Cohen and Butter did not make any statements to reporters, but the station did say the attorneys are expected to appeal.