FORT MYERS, Fla. — Attorney Spencer Cordell says Rodriguez's arrest should have never happened because he feels that legally Rodriguez didn't do anything wrong.
Charges against disgraced former Fort Myers Police Captain Jay Rodriguez are being called into question.
Spencer Cordell: You can't separate the work that he was doing from the quote unquote benefit that he received.
Fort Myers lawyer, Spencer Cordell says he does agree that Rodriguez's behavior was unethical by engaging in a sex act while undercover at a massage parlor in 2013.
Spencer Cordell: It certainly looks like a bad situation and it looks like best practices were not followed.
He does feel that they're throwing the book at him to make a point.
Spencer Cordell: I think they're overblowing what they're trying to do to look tough.
Cordell says there are also several issues with the case itself.
For one the Florida Department of Law Enforcement likely had to file an exception to charge Rodriguez because the case had passed the state's three-year statute of limitations.
Spencer Cordell: It appears he probably qualifies for one of these exceptions because he was a public employee and all these incidents occurred because of his public employment.
Then there are the charges themselves.
According to the FDLE's warrant-Rodriguez has been charged with two felony counts one for misconduct and another for perjury because he lied about the sex act when asked about it during an internal review of the case in December 2018.
Spencer Cordell: It doesn't have to be in court, but normally when you're talking perjury, they're talking about false testimony that's in court or a grand jury proceeding or something that has more official gravitas if you will, then just an internal investigation.
Rodriguez is also facing a misdemeanor count of prostitution.
According to Cordell that charge shouldn't stick because Rodriguez engaged in the sex act while working to catch a criminal.
Spencer Cordell: If an undercover detective buys some drugs to bust a drug dealer, you don't charge the cop for buying the drugs.