Sheriff: Balloon Boy Saga Was Hot Air

Family Lawyer Says Heenes Will Surrender if Charged; Researcher Says Richard Heene Was Obsessed with Getting TV Show

(CBS/AP)  Updated 11:02 p.m. EDT

The story that a little boy had floated away in a giant helium balloon was a hoax concocted to land a reality television show, authorities said Sunday, and the boy's parents will likely face felony charges.

The stunt two weeks in the planning was a marketing ploy by Richard and Mayumi Heene, who met in acting school in Hollywood and have appeared on the ABC reality show "Wife Swap," Larimer County Sheriff Jim Alderden said. The Heenes have reportedly been working on a reality TV deal in Los Angeles.

Investigators are examining the possibility of other conspirators, "including the possibility that even some of the media outlets may have had some knowledge about this," Alderden said.

Two of the four proposed charges are class 4 felonies, each carrying possible sentences of six years in jail and fines up to $500,000, reports CBS News correspondent Hattie Kauffman.

A lawyer representing the Heene parents said late Sunday that his clients are willing to turn themselves in to face any charges.

Denver attorney David Lane says he's representing Richard and Mayumi Heene. He says he wants to avoid "the public spectacle and humiliation" of police arresting them in the presence of their children.

Lane said he's advised the family not to make any statements on the matter.

Documents show that a media outlet has agreed to pay money to the Heenes with regards to the balloon incident, Alderden said. He didn't name the media outlet, but said it was a show that blurs "the line between entertainment and news." It wasn't clear whether the deal was signed before or after the alleged hoax, or whether that media outlet was a possible conspirator.

Alderden did not name an outlet or provide any details.

"Let's call it (my statement) short of speculation that a media outlet was in on the hoax, but let's not discount the possibility," he said.

Six-year-old Falcon Heene may not have even been hiding in the rafters of the family's garage during the intense five-hour search for him Thursday, Alderden said.

"For all we know he may have been two blocks down the road playing on the swing in the city park," the sheriff said.

The stunt temporarily shut down Denver International Airport and caused the National Guard to scramble two helicopters in an attempt to rescue the boy, who was believed to be inside the flying-saucer shaped homemade balloon that hurtled more than 50 miles across two counties.

In addition to the criminal charges, the FAA may seek financial damages for the airspace violations, Kaufman reports.

The drama played out on live television to millions of viewers worldwide. When the balloon landed without the boy in it, officials thought he had fallen out and began grim search for his body.

In fact, the balloon - which was held together with duct tape - would not have been able to launch with the 37-pound-boy inside, Colorado State University physics professor Brian Jones has determined.

The parents weren't under arrest, the sheriff said. He said he expected to recommend charges of conspiracy, contributing to the delinquency of a minor, making a false report to authorities and attempting to influence a public servant. Federal charges were also possible.

The most serious charges are felonies and possible $500,000 fines. Alderden said they would be seeking restitution for the costs, though he didn't have an estimate.

The cost for just the two military helicopters was about $14,500.

Richard and Mayumi Heene were shopping for snacks at Wal-Mart with their three sons as Alderden told reporters that the whole thing was a hoax.

Richard Heene told The Associated Press he was "seeking counsel."

"This thing has become so convoluted," Heene said as tears welled in his eyes. He said his wife was holding together better than he was.

The couple's attorney, David Lane, issued a statement later Sunday saying the Heenes were willing to voluntarily turn themselves in to face charges. Lane said he advised the family against making public statements.

The sheriff said all three of the Heenes' sons knew of the hoax, but likely won't face charges because of their ages. The oldest son is 10. One of the boys told investigators he saw his brother get in the balloon's box before it launched.

Heene, 48, a storm chaser and inventor, has described himself as an amateur scientist, but Alderden said Heene has only a high school education. He most recently earned a living by laying tile, the sheriff said.

"He may be nutty, but he's not a professor," Alderden said.

Alderden said that during the drama, the family's actions led them to believe the story was genuine. But during an interview on CNN Thursday night, Alderden said investigators had an "aha" moment when Falcon turned to his dad and said what sounded like "you had said we did this for a show" when asked why he didn't come out of his hiding place.

On Friday, Falcon got sick during two separate TV interviews when asked again why he hid.

Alderden said they didn't question the family Friday because they wanted to keep the family's cooperation by maintaining the appearance that they believed their story. Richard Heene was asked to stop by the sheriff's office under the pretext that he needed to pick up his balloon, and was questioned once he got there.

(Left: Richard Heene's balloon - constructed of 1-mil plastic, plywood and cardboard, held together with string and duct tape - is held for evidence in the Larimer County Sheriff's evidence area in Fort Collins, Colo., Oct. 18, 2009.)

With Heene gone, other investigators went to the house. Alderden said they were looking for computers, e-mails, phone records and financial records.

Records show that police have responded to the house at least twice in the past year, including a possible domestic violence incident in February. No charges were filed.

Alderden said officials tried Saturday to persuade Mayumi Heene, 45, to go to a safe house, but she declined.

"We talked to her at length about domestic violence, about her safety, about her children's safety," the sheriff said. "We have a concern, but we didn't have enough that would allow us or child protective services to physically take the kids from that environment."

Alderden said the children were still with the parents Sunday morning, and child protective services had been contacted to investigate the children's well-being.

"Clearly, from all indications, Mr. Heene has somewhat of a temper," Alderden said.

As to the hoax that could end up with one or both in prison:

"It certainly got big and whether anybody realized it that it would get the type of international media attention, I suspect this is probably beyond what they thought," Alderden said.

Getting a TV show for his family has been Richard Heene's long-time goal, Kaufman reports.

Alderden also said investigators wanted to talk to Robert Thomas, a Denver man who claimed Heene had told him he was planning a media stunt to promote a reality show and that getting a TV show was all he thought about. Thomas, a self-described researcher, sold his story to the Web site Gawker.com, which billed it with the headline: "Exclusive: I Helped Richard Heene Plan a Balloon Hoax."

Web site editor-in-chief Gabriel Snyder confirmed that the site paid Thomas for his story but declined to say how much it paid him. In an e-mail to The Associated Press, Snyder said editors there had not contacted the Heene family or offered them money for their story, referring to Alderden's reference to a deal being struck by a media outlet.

"No, that wasn't us," Snyder said.

Thomas, 25, did not return a message left by the AP.

In a statement, Gawker.com described how Thomas told them the hoax was part of Heene's plan to shop a proposed reality series billed as "Mythbusters-meets-mad scientist." Thomas told the site that the plan called for releasing a flying-saucer shaped balloon to garner attention for the Heene family, the proposed show and UFOs.

Thomas said the plan he knew about did not involve the Heenes' children.

[raydernation]

I hate having my emotions manipulated. I was actually moved by the thought of that kid being in that balloon. As was most of the World. All of us here on the job ran to the break area to look at the live broadcast. All of these people need to go to the big house and the kids too. They weren't well behaved. As luck would have it the little brat who was suppose to be in that balloon was the one who implicated his father in this whole scam.

[raydernation]

I hate having my emotions manipulated. I was actually moved by the thought of that kid being in that balloon. As was most of the World. All of us here on the job ran to the break area to look at the live broadcast. All of these people need to go to the big house and the kids too. They weren't well behaved. As luck would have it the little brat who was suppose to be in that balloon was the one who implicated his father in this whole scam.

[from_the_north]

I wonder how many other scams we are fed each day on TV. This was so unbelievable from the beginning, have we become gullible? This "high school" educated sceintist only wanted the money and publicity. Charge him and his wife with everything in the book, the kids too.

[eiddam]

I heard that Fox News was the first to break the real story and wonder if they were in on the scheme, and paid Heene big bucks???

If Mr Heene was capable of learning, he would have a job to support
his family, and leave his adventures to his day off. This guy is living in the "no job" fantasy land, like thousands of other guys
who'se main goal is to never have to "work", or "take orders" from
anyone.

[RLS1024]

Full restitution plus serious prison time and all three kids adopted out to real families with no possibility of the Heenes' ever having contact with them again.

[erasmus111]

"He says he wants to avoid 'the public spectacle and humiliation"' of police arresting them in the presence of their children."


I hope they do get to see it. Maybe they will learn something from it.


"'This thing has become so convoluted,' Heene said as tears welled in his eyes. He said his wife was holding together better than he was."


She's holding together better because she's too stupid to know how much trouble they are in.

[tmn]

Both parents need a public spanking!

[erasmus111]

by Newster1 October 18, 2009 11:09 PM EDT
Thats ok, sue them anyway because their wages can be garnished and a lien on the house, eventually it will pay off.


I don't think they own the house. I recall reading something about a "landlord", I think.

[erasmus111]

by Newster1 October 18, 2009 11:14 PM EDT
And you all and the media got taken for a RIDE on this one :)


Not me. : )

[mick7744]

OH yeah...a question.

Do the Heenes get a cut of all the 'Fly Falcon fly" t-shirts and coffee mugs that were already being sold just hours after this story was foisted on the world?

[mick7744]

I hope that Richard Heene can find it in himself to use this whole episode as a learning experience.

If so, next time he'll construct a baloon large enough to actually carry the kid and have him airborne in the basket before calling the networks. He might also consider videoing Falcon surreptitiously climbing into the basket with a cute, "Oh that boy" grin on his face.

Risky? Sure...but hey...there's also good money in online memorial funds. That's showbiz.

The show must...aaahhhh...you know.

[mljohns00]

This hoax is nothing compared to the hoaxes and crimes performed by the U.S. government over the past ten years.

[dowell100]

You're right... including Obama's health care hoax, "the Stimulus money will create jobs" hoax and the Chicago Olympics hoax and a few more now in the mill.

I say they ought to let the Heene's go. They provided an interesting diversion from the ever yammering Obama.

[bobnjersey]

[You're right... including Obama's health care hoax, "the Stimulus money will create jobs" hoax and the Chicago Olympics hoax and a few more now in the mill.]

yea ... how about the stock market dow over 10k hoax? did you see the apple profit hoax today?

that olympic hoax is such a negative impact on everyone. are you suffering dearly from that?

the hoaxes are all in your head ... according to phil graham.

[dahizzle]

I smelled media wh*re as soon as I read about his background. I feel sorry for the kids, they were forced to lie to the world. When that poor kid was vomiting I wanted to choke his scumbag father....

[rsmik]

Maybe Heene was trying to sell advertising space on the balloon to Jiffy Pop

[tmn]

Jiffy Pop, Jiffy Pop, the magic treat
As much fun to make as it is to eat!

[Newster1]

"Having looked at the family's financial situation, Alderden said recovery of costs expended in the search and rescue seemed unlikely."

Thats ok, sue them anyway because their wages can be garnished and a lien on the house, eventually it will pay off.

"We certainly know there's a conspiracy between the husband and wife. You've probably seen some of the e-mails and things on the internet suggesting that there may be other conspirators."

LOL what idiots, keeping evidence like those emails around.
I swear its gotten to where you cant believe any of these things any more, starting with the "tragic" finger lady and Wendy's where she turned on the hysterics and swore up and down she found the finger in the food, turned out it was her all along behind the scam. "Tragic" almost dead 6 year old wisked into the air on a baloon, family goes on live TV waterworks galore` and choked up emotions about nothing- seemed far too emotional for the non event it was, turns out to be yet another in a long line of these stupid hoaxs and the media plays it up BIG and then looks stupid when the TRUTH comes out.

[gilligreen1]

Maybe they watched Jon and Kate plus 8 or Sarah Palin, using their kids to benefit monetarily, so they'd give it a go !

[rwsmith29456]

A LOT of services were diverted into the chase for this kid, even aircraft were scrambled. Adults crying wolf is NOT acceptable, especially when it endangers other people.

[erasmus111]

by edgy44 October 18, 2009 8:17 PM EDT
I find it suspicious that the cops and prosecutors are trying to find some felony, any felony to show the town who really is in charge.


The cops and the prosecutors wouldn't even have gone there if the media and the people hadn't been hounding them to death for results. The media and people were DEMANDING to know what was really going on, because MOST people knew it there was something not right. People don't like being taken for a ride.

This has nothing to do with the cops wanting this. They have more serious things that they would rather be focusing on. But when the media and the public demand answers and consequences, they really have no choice. Especially when there have been laws that are broken.

[Newster1]

because MOST people knew it there was something not right. People don't like being taken for a ride."

And you all and the media got taken for a RIDE on this one :)

[erasmus111]

by SunDog8259 October 18, 2009 8:19 PM EDT
The kids, at least in the beginning, got into a wholesome backyard family project that few noways ever get to.


Wholesome backyard project? What would that have been? Learning the art of lying? There was no project.

[John_Merritt]

I believe this is deplorable on the part of the parents to devise a scheme (as his business partner alluded) and to integrate his children into this scam is criminal. I believe all of them should see some jail time, and the boys a little juve time, as a lesson in what happens when people defraud the public trust. I am so glad no emergency workers were injured or worse because of this fiasco. Shame on them for lying, deceiving, and involving their children to think this type of behavior is acceptable.