He said the equipment was installed last October with permission from the Utah County Sheriff's Department and his son, Scott, who was renting the condo at that time from Katherine Bryson, a state representative from Orem.

Kay Bryson said in an interview Wednesday that he asked Utah County sheriff's Sgt. Dennis Harris to install the surveillance equipment because his son thought someone may have broken into the condominium after he said he found some items that were "out of place."

The Salt Lake City Police Department was not contacted to investigate that supposed break-in, according to both Brysons.

And that's the catch, said Katherine Bryson, who is alleging her husband misused his position to install the Utah County equipment.

"Why in the world was equipment set up by the Utah County Sheriff's Office in an apartment I own?" she asked in an interview.

The allegation comes as the politically prominent Utah County couple are finalizing a nasty divorce in which Kay Bryson had accused his estranged wife of forging financial documents. A hearing Wednesday essentially ended the couple's marriage, but a judge's signature is still required to finalize the proceedings.

Kay Bryson denies the surveillance violated state laws prohibiting the use of public resources for private matters or that it amounted to a violation of privacy.

"This is law enforcement equipment that was used for law enforcement purposes," he said.

Under state law, any public official who tries to "use or attempt to use his official position to: further substantially the officer's or employee's personal economic interest; or secure special privileges or exemptions for himself or others," can be removed from office or dismissed from employment.

Also under state law, any person who "intentionally uses a camcorder, motion picture camera, photographic camera of any type, or other equipment that is concealed or disguised to secretly or surreptitiously videotape, film, photograph, record, or view by electronic means" any person - is guilty of voyeurism, a class A misdemeanor.

Bryson said she had a "reasonable expectation" of her privacy in her own condominium. The Salt Lake County Recorder's Office confirmed Katherine Bryson along with her daughter were listed as the owners of the condominium at the time the video surveillance equipment was placed.

"This should never have been done, not without my permission, my knowledge," said Katherine Bryson. "And I guess that's what's been troubling over this whole thing, that Mr. Harris, who's been in law enforcement as many years as he had, would condone something and actually set something up like that."

She also suggested that her husband "knew that what was done was all completely inappropriate and a huge invasion of my privacy." Utah County Sheriff James Tracy Jr. said the department runs an "electronic tracking and video surveillance" program through its Investigation Division. Anyone who may be the victim of "criminal activity" can request the placement of surveillance equipment to monitor property, he said.

"In this case, this was an employee asking for some help on what he thought was criminal activity," Tracy said. "So we did it, and if we found anything we would have turned it over to the appropriate jurisdiction."

Typically, when an out-of-jurisdiction request for surveillance is made, the person who made the request is asked to contact the jurisdiction in which they reside, according to Tracy.

Harris said he installed the equipment at the request of Kay Bryson, but hedged when asked if he was off-duty or working for the county at the time.

"I believe when I did that for him, I believe it was off duty," he said. "I can't say for sure."

When asked if the program could be misused by individuals seeking personal gain, Harris said, "I guess that's always a possibility. However, you try to take people at face value. When someone tells you they have a problem, you should always be willing to help them out."

Tracy agreed, saying use of the surveillance program by Bryson was not a conflict of interest, nor misuse of a public office.

"I don't think there's a conflict, I really don't," he said. "If we had found a crime, we would have taken the evidence to the jurisdiction that's involved. The fact that he's an employee and we allowed him to use equipment that we offer to anyone else - I don't think that's a conflict."

Kay Bryson said the allegations by his wife are a byproduct of their nasty divorce and a recent complaint he filed with the Orem Police Department against her and her current boyfriend. He alleges the pair entered his home and stole baseball cards worth thousands of dollars.

He also points to allegations made in December that his wife forged his name on a pair of real-estate transactions worth about $150,000.

"Katherine is a chronic, habitual liar and it's a problem that we [as a family] have lived with for many many years," he said.

Katherine Bryson filed a complaint about the surveillance with the Salt Lake City Police Department on Sept. 1, nearly a year after she discovered the video surveillance.

She alleged in an interview that her husband threatened her with charges of burglary and theft after she discovered and took possession of the Utah County video surveillance equipment. She also said she only just recently realized that the taping was an invasion of her privacy.

"When you are feeling pressure from a died-in-the-wool attorney - namely my husband - who tells you that you are guilty of burglary and theft, you don't think straight," she said. "I didn't know what to do."

Bryson points to an e-mail her husband sent her on Jan. 28 during the 2004 legislative session as evidence of that pressure. It reads: "Katherine, just wanted you to know that a letter is going out to each member of the House and will begin: Dear Representative, Enclosed you will find a video tape."

While Katherine Bryson was unwilling to discuss the contents of the tape, her husband says it showed evidence of an affair.

"The mess that this created is the result of infidelity in a marriage," Bryson said about his wife's allegations.

"We didn't catch a burglar, what we caught on the videotape was an unfaithful wife," he also said.

Bryson admits to sending the e-mail but says he never intended to follow through with the threat. He said he was merely responding to a statement his wife made on the floor of the Legislature, saying she had had a gun held to her head.

"My response to that was to send her an e-mail indicating that I wasn't going to leave the Legislature with that impression that I was that kind of person," he said. "And one way that I thought I could show them what kind of person she was, was with that videotape. It wasn't something that I intended to do."

The Salt Lake City Police Department confirmed a complaint was filed by Katherine Bryson, but a spokesman said officers had been unable to contact her to investigate.