The Atlanta Journal-Constitution

Bias settlement cost state GOP over $500,000

Ex-party staffer Qiana Keith said co-workers used slur to refer to her.

- By James Salzer jsalzer@ajc.com and Greg Bluestein gbluestein@ajc.com

The Georgia Republican Party paid more than $500,000 to settle a racial discrimina­tion lawsuit filed by a former staffer.

The state GOP confirmed last fall that it had settled the lawsuit, but most of the payments have showed up in the party’s campaign disclosure filings since then.

An Atlanta Journal-Constituti­on review of the filings found $225,000 was paid to Qiana Keith, while at least $300,000 went to her attorneys.

State Republican Party Chairman John Watson said payments in March settled the lawsuit. But the filings also show the party deferred an additional $137,000 bill from its lawyers in the case, although it lists the expenses as “disputed.”

All told, the party has spent roughly $1 million on legal fees involving Keith, a former GOP staffer who claimed her co-workers had referred to her with a racial slur and humiliated her.

Rogers said the encounters were consensual, while Brindle said she feared losing her job if she refused Rogers. She said she recorded the video — which was twice shown in open court— to use as evidence in a sexual harassment lawsuit.

At the heart of the trial was a Georgia law that makes it illegal 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.” Prosecutor­s and defense attorneys spent much of the trial debating the meaning of “private place out of public view,” with the defense arguing that because Brindle was invited into the home as a guest, Rogers relinquish­ed the expectatio­n of privacy inside his home.

Fulton County Assistant District Attorney Donald Wakeford balked at this interpreta­tion, saying it would open the door for anyone — “nannies, home nurses, tutors, handymen, exterminat­ors and pizza delivery boys” — to record homeowners without their consent.

Wakeford also disagreed with the defense’s contention that as long as one person — in this case, Brindle — consented to being recorded per Georgia’s “one party consent” law, the recording was legal. That law, Wakeford said, only applies to audio communicat­ions, not video.

The courtroom was full of tearful embraces on Wednesday as the defense celebrated its victory. And one of the defendants, Cohen, had harsh words for the prosecutio­n.

“Everybody knows that (Fulton County District Attorney Paul) Howard has been carrying around a large bucket of political water,” Cohen said. “He turned his back on all women who mustered the strength and dared to stand up and say no. The jury sent a loud message to him and Mr. Rogers today. I couldn’t be more proud of Ms. Brindle.”

The defense has argued throughout the trial that Rogers used his personal power to bring the case before a judge. Rogers left the courtroom immediatel­y after the verdicts were read, before he could be asked for comment.

Brooke Stewart, Cohen’s fiancée and a lawyer herself, said the verdict is a welcome relief. The two are engaged to be married next week.

“He (Cohen) did not deserve this,” she said. “It’s difficult to see this kind of abuse of power, but I knew he was a strong man and I could not be prouder of him.”

The acquittals are the only definitive resolution reached so far in what has become a six-year-long web of competing civil and criminal litigation. Fulton County Superior Court Judge Henry Newkirk threw out the charges against Brindle, Cohen and Butters last year, only to have them reinstated by the Georgia Supreme Court in November.

But even though it has been a long road to this verdict, the journey isn’t over yet. Brindle and Rogers still have lawsuits pending against one another in Cobb County. And Rogers’ attorney, David Conley, emphasized that this criminal trial wasn’t brought

as a strategy for gaining the upper hand over Brindle in that civil litigation.

“This certainly wasn’t pursued to gain any advantage in the civil suit. He was the victim of a crime,” Conley said.

And Conley and other lawyers agreed that because there’s a different standard of proof in civil court, Wednesday’s verdict might not carry much weight in those lawsuits anyway.

“It might not mean as much as you might think,” said Reid Thompson, Brindle’s attorney — although Thompson also noted, “It’s certainly better than the other outcome. A guilty verdict would have been devastatin­g.”

Prosecutor­s declined to comment on the verdict.

But even though it has been a long road to this verdict, the journey isn’t over yet. Brindle and Rogers still have lawsuits pending against one another in Cobb County. And Rogers’ attorney, David Conley, emphasized that this criminal trial wasn’t brought as a strategy for gaining the upper hand over Brindle in that civil litigation.

 ??  ?? Defendant John Butters was acquitted of unlawful surveillan­ce, a felony that carries a maximum penalty of five years in prison or a $10,000 fine, or both. Butters and fellow attorney David Cohen had advised Mye Brindle to make a clandestin­e recording...
Defendant John Butters was acquitted of unlawful surveillan­ce, a felony that carries a maximum penalty of five years in prison or a $10,000 fine, or both. Butters and fellow attorney David Cohen had advised Mye Brindle to make a clandestin­e recording...
 ?? BOB ANDRES PHOTOS / BANDRES@AJC.COM ?? Waffle House chairman Joe Rogers Jr. (right), and his wife, Fran, react to the verdict. Joe Rogers still has a lawsuit pending against his former housekeepe­r, Mye Brindle, in Cobb County, as she does against him as well.
BOB ANDRES PHOTOS / BANDRES@AJC.COM Waffle House chairman Joe Rogers Jr. (right), and his wife, Fran, react to the verdict. Joe Rogers still has a lawsuit pending against his former housekeepe­r, Mye Brindle, in Cobb County, as she does against him as well.

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