October 27, 2009 3:18 PM

Why Would Balloon Boy Mom Admit Hoax?

Richard and Mayumi Heene with their son Bradford arrive at their home after a short shopping trip in Fort Collins, Colo., on Oct. 19, 2009. (AP Photo/Ed Andrieski)

Richard and Mayumi Heene with their son Bradford arrive at their home after a short shopping trip in Fort Collins, Colo., on Oct. 19, 2009. (AP Photo/Ed Andrieski) (AP Photo/Ed Andrieski)

(AP)  Friends say the mother of the little boy at the center of the Colorado balloon case is devoted - even subservient - to her inventor husband and her kids, so why would she allegedly tell sheriff's deputies that the whole thing was a hoax?

If Mayumi Heene made that confession - as alleged in a search warrant for the family's home - it may have been to keep her children from being taken away from her, or to spare them from having to testify against her husband, Richard Heene, legal experts said Monday.

"When it comes to incarceration, the bonds of affection only go so far," said Scott Robinson, a Denver trial lawyer and legal analyst.

Larimer County Sheriff Jim Alderden has said he'll recommend criminal charges of conspiracy, making a false report to authorities and attempting to influence a public servant. He's also asked that child protective services investigate the children's well-being.

The county district attorney's office received the case from the sheriff's department Monday but said it had requested more information. Richard Heene's lawyer, David Lane, also asked prosecutors Monday to probe whether Alderden violated state privacy laws when he told reporters child protective services had been contacted.

Alderden claims the Oct. 15 flight was a stunt to generate publicity for the Heenes. Both Mayumi and Richard Heene placed calls claiming 6-year-old Falcon may have been inside the balloon as it drifted 50 miles across northern Colorado. The world watched with horror as the balloon landed without the boy - then worried that he may have fallen thousands of feet to his death.

The Heenes said Falcon was found hiding in the rafters of the family's garage.

The Heenes have publicly denied any hoax. But a search warrant affidavit said Mayumi Heene, 45, told an investigator on Oct. 17 that the balloon was released intentionally and that the couple knew Falcon was hiding.

According to the affidavit released late Friday, Heene said the stunt was intended to make the family "more marketable for future media interest" and that the three boys had been instructed to lie to authorities and the media.

Mayumi Heene's lawyer, Lee Christian, didn't respond to several telephone messages Monday.

Lane dismissed the alleged statement as hearsay, adding that it could only be used against Mayumi Heene, not her 48-year-old husband, unless she were to take the stand against him and submit to cross examination.

Lane wouldn't discuss whether the Heenes were still together.

"I'm not their marriage counselor," he said.

Robinson said it's not unusual for spouses to turn against each other when facing criminal charges. He said Mayumi Heene may have made the confession with an eye toward helping herself and for that reason lawyers could call its reliability into question.

The alleged statement may not be admissible in court, cautioned Karen Steinhauser, a former Denver prosecutor, if Heene wasn't warned of her rights to have a lawyer or not to speak - or if she was threatened with the loss of her children.

The alleged statement doesn't mean that Heene would willingly testify against her husband should charges be filed, said Steinhauser, now an adjunct professor at the University of Denver's Sturm College of Law.

Spouses generally can't be forced to testify against each other because of laws giving privilege to conversations between husbands and wives, similar to those protecting lawyers from talking about their discussions with a client. Colorado and many other states make exceptions to that.

In Colorado, spouses can be called to the stand to discuss their private conversations if they concern plotting a crime, Steinhauser said.

Wendy Murphy, a Boston attorney and victims advocate, speculated one incident may have prompted Mayumi Heene to cooperate with investigators if she thought that would help protect her children.

In February, a deputy responding to a 911 hang-up call suspected that a fight may have taken place at the Heene home, but no charges were filed. Alderden has said officials unsuccessfully tried to persuade Mayumi Heene to go with her sons to a safe house.

"If she really is in a volatile relationship, then no matter what happens with the balloon boy case, she benefits," Murphy said.

© 2009 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
Add a Comment
by T-Fed October 27, 2009 7:39 AM EDT
Why don't we put both parents in their home made balloon and let the winds take it? The children can wait for their parents in their attic.
Reply to this comment
by bubbadubba October 27, 2009 7:28 AM EDT
"Why Did Balloon Boy Reportedly Admit Hoax?
Friends Say Mayumi Heene Is Extremely Protective, May Have Confessed Hoping to Keep Custody of Children"

So a 6 year old kid can get custody of the family? Is the boy's name Mayumi?
The headline is about the boy admitting the hoax but the story is about the mother.
Do the editors ever read their stupid headlines?
Obviously not.
Reply to this comment
by SocietysNightmare October 27, 2009 1:18 AM EDT
Why Did Balloon Boy Reportedly Admit Hoax?


Who cares?!
Reply to this comment
by tmittelstaed October 27, 2009 12:19 AM EDT
Oh some off it people. Mayumi Heene made that confession to dangle it in front of the prosecutors. There's no question in my mind that Mayumi and Richard are both now engaged in a plan to have one of them - Mayumi - avoid jail time. Just wait, you will see Mayumi turn state's witness in exchange for no jail time and Richard will get the brunt of the jail time. Then, while Richard is in jail, you watch Mayumi will travel the talk show circuit and Oprah and all of that crying about what a beastly, controlling husband she has. By the time that she has milked that cow dry, Richard will be back out of the pen and both of them will be sitting around having a good laugh over the gullibility of people.
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by rwsmith29456 October 26, 2009 11:58 PM EDT
IF all this is true, Mr. Heene is a nutcase.
Reply to this comment
by dragon8me October 26, 2009 11:40 PM EDT
I think we need CPS reform. These people take kids for no good reason and leave kids in homes that shouldn't be. Mostly taking poor kids and leaving ones from well off families. Of course they get paid by the feds for every kid in custody and get about a hundred grand for each one adopted. It's a scam, pure and simple.
Reply to this comment
by kbbpll October 26, 2009 11:22 PM EDT
It's time for Sheriff Alderden to get some of the kind of media attention he so richly deserves. Come on CBS News, _dig_ a little! It will be fun, trust me.
Reply to this comment
by bobnjersey October 26, 2009 10:14 PM EDT
["If she really is in a volatile relationship, then no matter what happens with the balloon boy case, she benefits," Murphy said. ]

she benefits? only an attorney would have a perspective such as this.
Reply to this comment
by justsane-2009 October 26, 2009 9:55 PM EDT
cbs: you have the wrong headline. it should read: why did balloon boy's MOM confess to hoax?

seriously. do you guys have proofreaders? if you don't, i'm looking for work...
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