Two attorneys and their client—the former housekeeper for the chairman of Waffle House—are on trial this week in Atlanta on charges that they violated the state’s eavesdropping law by recording a secret sex tape.

A jury was seated Monday in the trial of John Butters, a former Cobb County assistant district attorney, and Marietta lawyer David Cohen over a sex tape that their client and co-defendant, Mye Brindle, recorded during an encounter at the home of Waffle House chairman and then-CEO Joe Rogers Jr.