Should Balloon Boy Parents Lose Kids?

Former Prosecutor Wendy Murphy Discusses Likelihood Heenes Will Get to Keep Their Kids

(CBS)  The Heene family's saga of a loose balloon and a 6-year-old boy riveted the nation last week. The boy was found unhurt, but the saga continues as new questions surface -- this time of child welfare -- amid police statements that the entire balloon incident was a hoax.

Follow the Balloon Boy Saga at CBSNews.com:
Cops Seek Possible Balloon Boy Hoax Cohort
Lawyer: Balloon Boy Parents will Surrender
Sheriff: Balloon Boy Saga Full of Hot Air
Balloon Boy Dad: "Absolutely No Hoax"
Balloon Boy Gets Sick on National TV

Wendy Murphy, a former prosecutor, addressed on "The Early Show" a growing concern for the family: Can they stay together?

Murphy said parents, Richard Heene and his wife, Mayumi, don't have to be charged with a crime in order for Protective Services to come in and take their children away.

"All they have to have is evidence of neglect or abuse," she said. "And boy, I think they've got plenty of that here."

She said that's because the Heene parents seem to have subjected their children to participation this fraud.

Falcon Heene, the so-called "balloon boy" was believed to be inside a silver flying-saucer shaped homemade balloon last week as it flew across 50 miles across two counties.

Slideshow: Bizarre "Balloon Boy" Story

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.

However, the balloon -- which was held together with duct tape -- reportedly would not have been able to launch with the 37-pound-boy inside.

Falcon's whereabouts during the balloon's flight are unknown. Following the flight, he was initially "found" to be hiding in the family's attic.

Murphy said if the Heene's made their child participate even in a minor crime, that's "pretty serious."

She said, "That's when Child Protective Services is likely to get involved whether they're charged or not and we're hearing that they will, in fact, be charged."

Larimer County Sheriff Jim Alderden announced Sunday that he's seeking charges, including felonies, in the case. 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.

Murphy also attributed Falcon's vomiting on national television to his emotional distress at participating in the fraud.

She said, "(The Heene children) may want to stay with their parents, so sometimes Protective Services has to do what doesn't feel very good for the kids, because they should take them out of a family that's exploiting them, and causing them harm."

And, in a larger sense, Murphy said the industry isn't good at protecting the children from exploitation in family reality television.

The story of Falcon floating away in a giant helium balloon was a hoax, authorities said Sunday, concocted to land a reality television show.

The Heene children were also broadcast on the ABC show "Wife Swap" in March 2009.

Murphy said, "People will literally sell the well-being of their children. It's a supply and demand problem that the business wants and the families certainly enjoy the money."

"We really do need the law to step in and provide better controls," she added. "It's often too late to get involved after the children have been exploited, say, 'Oh, now that these children have been harmed, let's go in and take them away from their families.' It might make more sense to create some regulations around this to make sure that the exploitation never happens to begin with."

[whatindawhirl]

Who wants to pay for these kids foster care? Not the Colorado taxpayer. Everyone who wants to take these kids away from their parents needs to agree to take them in themselves. The parents are beyond stupid and I agree with the poster that says they need to do about 5000 hours of community service but making foster kids out of these children is not the answer. Monitoring of the family and counseling and legal punishment for the parents is what needs to happen.

[dallisman]

The Heene's have a mental problem and will beat the charges. A Columbus,OH man wrote into a news station that his impression was the family appeared like a bowl of patato salid short of a picnic. Just by looking at them on National TV one can arrive at this conclusion. The Heene's need family counseling. Mr. Heene may need much more. Its a psycological problem.

[kayldouble-u]

I beleive this man is verbally abusive to his whole family. I think he controls his family with a iron fist...his way or the highway. His wife and children seems cowed down by him. I don't think they should take the children away though, however; they should make him go to counseling, anger managment, fine both parents and make them both do some hours of community service!!!

[kemmiller]

There should at least be an investigation by CPS. What are these kids being subjected to? Are they being taught to lie? Are the parents involving them in unscrupulous activity? Do the kids know right from wrong? Having been on "Wife Swap" at an even younger age, do the kids even know what's real and what isn't? It is clear to me that the Heene household is not a healthy environment for the children. C'mon people - do we not hold anyone accountable anymore? Give these kids a break.

[tosch2]

These nutcases are the result of the same problem that has bankrupted society; Too much TV! Way too much.
But wait, lets blame teachers, Obama, Hitler, anyone but ourselves.

[guzelvis]

How to deal with the Balloon Boy hoax? A modest proposal awaits @ http://www.thelintscreen.com

[schubaby]

I miss the good 'ol days when the news reported just the facts. It seems the news has shifted their focus to reporting the court of opinion and "what ifs". I still believe innocent before proven guilty. If it's a hoax, then do what the law allows as far as fines/punishment. Should the Heenes have their children taking away, for heaven's sake NO! That's like saying for everyone who has perjured themselves on a witness stand should have their kids taken away or anyone who has ever lied to law enforcement should have their kids removed from the home. When did we as Americans become so merciless and blood thirsty?

[carolelee1]

What really surprises me is that the media is not showing the clips from Wife Swap. I checked YouTube and was in even more shock. On the show, the father goes nuts over and over. And, even worse, little Falcon flips the bird and curses (and I mean the heavy cursing). Why didn't Protective Services act on that!!

Further, what's even more disturbing, is that, according to Wife Swap, they were brought back by America's vote for the second time. What does that say about us? (or Wife Swap in general?)

[cayro]

Law enforcement is basing their guilty notion on what the boy said on a CNN interview. That's lame, considering the boy was obviously ADHD or autistic.

[lsdyeman]

I think CBS and other TV networks should lose their right air a program that is intended to bring "news" to the public.
This is not news.
The Heene's should get a medal for showing the public that news emperor has no cloths.

[kristin_tucson]

Of course not. They taught their children a horrible lesson: lying is ok if it gets you what you want. The parents need to learn a lesson and the kids need to see the consequences. The kids don't need to be punished by losing their parents. That punishment certainly does not fit the crime.

[prrrd]

Lying is sociably accepted in today's society. Employees lie on their resumes, Employers lie to job seekers when they do not hire them, or when they have to fire - that happens every day. Politicians lie about health care (in a sense US has supposedly the best system in the word - pleeease); County officials lie of why property taxes stay high when real values dropped so much; Credit card companies and banks lie..On and on...I hate to hurt your self-rigteousness but you are living in a glass jar if you think otherwise - everyone lies in one way or another to improve his/her lot, it's ingrained in human nature.

[supplydemand]

These children should be taken into state custody. The children were likely involved in criminal activity at the urging of the parents. The parent's are so selfishly interseted in themselves and their fame that they are thinking of their kids apparently as tools. This is not in the children's best interest. The children should be removed and thier well-being further investigated. The young boy actually got sick on national television trying to cover the lies. That appears to be abusive and this whole media insanity will cause a long term impact. By the way- for the person above and all the other wackos that like to throw the term socialist, communist nazi, etc. for anything moderate and likely to help people in this country give it a rest. Also the Nazi's and the Soviet Union were not the same- remember they fought each other in WWII.

[Turbidite]

Is Wendy Murphy a gauleiter? She certainly talks like one. If you run a red light and your child doesn't report you, are they complicit in the misdemeanor. Sounds like comrade Wendy would have fit in well with the former Soviet Union.

[Nodeb8]

If your going to start taking kids based on exploitation, lets start with Nadya Suleman, AKA Octomom. The Heenes have done nothing to lose their children, and to suggest as much is rediculous. A fine is in order, but in this economy...Jail? No. Lose custody of their kids? No. Are they gratitous? Yes. But who knows how their finances are. Maybe they are floundering and desperate. Alot of people are these days you know. The way I see it, he engaged his kids in a game, all be it a tasteless one that scared the dookee out of America, while needlessly mobilizing an American style rescue effort. But he certainly placed his children in no physical or emotional danger. Again, I say if your going to begin witch hunts on folks expoiting children, start with Octomom, then work down to the Heenes. You'll have a long way to go though...

[Harden_Tar]

"But he certainly placed his children in no physical or emotional danger." Are you kidding? He coached / intimidated them to the point that the little one puked. That is abuse in my book. I don't think that the kids should be taken away, but that whole family needs to be read the riot act about lying to the public and fined until it really, really, hurts. Dad and Mom should be wearing orange vests, picking up garbage along the highway every weekend, for the next 3-5 years. Something like 5000 hours community service will keep their minds off of trying to get famous.

[Turbidite]

He did something mindlessly stupid. He did not jeopardize or injure his kids. Removing the children is a lose-lose situation for everyone, especially the kids. I am disappointed that CBS would even mention such a thing.

[carolelee1]

Turbidite - I would suggest you check YouTube for the Wife Swap episodes. Perhaps that will change your mind.

[silverfang77]

As much as I loathe the idea of government intervening in a family's private affairs, this family sacrificed that right when they pulled a stunt like this merely to garner attention for a reality show.

It seems to me that they did not consider the long-term consequences their actions would have on them and their children. If the children are taken from the parents, I hope the parents will think long and hard about what's more important, fleeting celebrity or the deep, permanent love of one's family.

[daftdesign828]

I think that the father is a moron, using his kids to get on TV... why isn't America tired of this dog and pony show yet? I also think that he should face some penalties, fines, law-suits. I don't think he should loose his kids, but maybe he should do a "TON" of hours in community service, seek professional help, and look for a realistic job instead of chasing 15 minutes of fame at the cost of his children's safety.

[rocketjl]

As usual, CBS you are a little premature. Are you so desperate for news that you plan to gin up your own.