FORT COLLINS, Colo., Nov. 13, 2009

Balloon Boy Parents Plead Guilty

Jail, Probation Possible for Richard, Mayumi Heene; Plea Deal Would Allow Couple to Retain Custody of 3 Sons

  • Mayumi, left, and Richard Heene arrive at district court in Fort Collins, Colo., on Friday, Nov. 13, 2009, with attorney Dave Lane, center.

    Mayumi, left, and Richard Heene arrive at district court in Fort Collins, Colo., on Friday, Nov. 13, 2009, with attorney Dave Lane, center.  (AP Photo/Ed Andrieski)

  • Photo Essay Bizarre "Balloon Boy" Story

    A 6-year-old boy was believed to be inside a balloon that floated away, but he was actually in hiding in his family's home the whole time.

(CBS/ AP)  Last Updated at 11:13 a.m. EST

The Colorado couple accused of pulling a spectacular hoax by reporting their son was aboard a runaway balloon is avoided more spectacle - and a trial - by entering pleas to charges that could bring some jail time and probation.

Richard and Mayumi Heene appeared in court Friday. Richard pleaded guilty to a felony charge of attempting to influence a public servant and Mayumi to a misdemeanor charge of false reporting.

The pleas are part of an agreement to avoid possible deportation of Mayumi Heene to her native Japan should she be convicted in court of greater charges, David Lane, Heene' lawyer, said. Sentencing was set for Dec. 23.

The agreement would spare the Heenes maximum prison time. Richard Heene could get up to 90 days in jail and Mayumi up to 60, Lane said.

Without the deal, the charge against Richard Heene, 48, carries up to six years in state prison and a fine of up to $500,000. The charge against his 45-year-old wife carries a six-month jail term and a maximum $750 fine.

Mayumi Heene's attorney, Lee Christian, said he expects her to serve any jail time in a work-release program that would involve some detention and some time at home.

Lane said the Heenes' children, ages 6, 8 and 10, will remain in the parents' custody under what he called a "package deal" that was compelling his client to enter a plea. Richard Heene has denied any hoax, though Mayumi Heene allegedly confessed it was a stunt to drum up publicity for the family - and that the boys were told to lie about it all.

"He feels like he's got to do what he's got to do to save his wife from being deported," Lane said of his client.

The court granted Richard Heene's request allowing him to leave the state before his sentencing. Lane said Heene had job opportunities in New York and California.

On Oct. 15, the world watched with astonishment and terror as rescuers chased the homemade balloon for 50 miles after the Heenes reported their 6-year-old son Falcon may have been trapped inside. The balloon landed in a dusty farm field - no Falcon inside - and the Heenes later announced they found the boy hiding at home.

The Larimer County Sheriff's Office pressed its investigation after Falcon looked at his father during CNN interview and declared: "You had said that we did this for the show."

Business associates of Richard Heene said he was trying to pitch a TV series based on science. The Heenes are amateur storm chasers and had twice appeared on the ABC reality show "Wife Swap."

Defense attorneys expect prosecutors to seek restitution for the chase. Local and federal authorities spent at least $62,000 pursuing the balloon and searching for Falcon after it landed.

Lane said he would fight any effort to recoup costs, adding authorities have yet to show the chase diverted from other emergencies.

"A bunch of cops chasing a balloon instead of sitting around is not a restitution case," he said.

The Heenes face a civil investigation by the Federal Aviation Administration. Possible penalties range from a letter of reprimand to a fine. The balloon briefly forced some planes to switch to a different runway for takeoff at Denver International Airport.

Dean Askew, a neighbor who took care of two of the boys at the request of authorities while the balloon saga unfolded, had some harsh words Thursday for Richard Heene.

"I think he took his family down a bad road, and I also think he's a coward because he didn't apologize to America and the people who came to his aid," Askew said.

Of the anticipated plea, Askew declared: "I would hope that's a crack of humanity. But with Richard, you're never really sure."

© MMIX, CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
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Add a Comment See all 13 Comments
by formrusmcsgt November 14, 2009 6:16 AM EST
What happens when one moron marries another.....
Reply to this comment
by mandylou4u November 13, 2009 2:27 PM EST
Everybody says they need to do time in jail, maybe, but don't forget about the fact that they have 3 children whom we would be paying to stay in state custody for the time the parents were in jail. Hopefully they got scared enough to not pull stunts like this anymore. Times are hard and money is short so some people will do anything to provide for their families, even if it's crazy!
Reply to this comment
by presjfk November 13, 2009 2:23 PM EST
How do you lose your kids for putting on a hoax like this? What a joke.
Reply to this comment
by myeyedea November 13, 2009 1:30 PM EST
"A bunch of cops chasing a balloon instead of sitting around is not a restitution case," he said.

What exactly is it this lawyer thinks those bunch of cops were running around in/on? There was a helicopter involved, ambulance, several police cars and firetrucks, and last I checked none of those vehicles run on love and air. Demonstrating that an emergency call couldn't be answered bc the responding personnel were chasing the balloon isn't the overall issue for restitution, in my opinion. The overall issue is that the potential for response was compromised because of this - having the option of more officers, emergency workers, and emergency equipment was affected by this attention seeking hoax. That's what they should be charged restitution for, in addition to child endangerment, contributing to the deliquincy of a minor, and the original charges of filing a false police report and attempting to influence a public official. The fines should remain in any plea deal made between them and the prosecuters - obviously the problem for these parents, the dad especially, is that he's got too much money to use for illegitimate endeavors. Limit his funds and then his creative escapades will be limited as well.
Reply to this comment
by careifucan November 13, 2009 1:15 PM EST
They got what they wanted, look at all the time the press and the public has devoted to following the case. Dang and here I am posting a
comment about it,I too am a nimrod. How about we just act like it never nappened that should shut them up.
Reply to this comment
by charlie7241 November 13, 2009 12:43 PM EST
Hey look, this stuff is ridiculous. You guys can't charge people fer being stupid. Being stupid ain't a crime! What de hell else is gonna be a crime?! Low IQ?! Unbelievable..
Reply to this comment
by last121868 November 13, 2009 1:00 PM EST
Get help, freak.
by nirak2-2009 November 13, 2009 12:19 PM EST
They need to pay back every penny it costs.
The only reason he pleaded guilty is because his wife is an illegal
Teach them a lessons they will not forget!!!
Reply to this comment
by RandomUser1886 November 13, 2009 12:09 PM EST
They need to pay the costs that all the emergency services incurred.
Why is that not part of this?
Reply to this comment
by Adriamarie November 13, 2009 11:08 AM EST
This is a CRIME and These Parents should be Punished- Pay for All the time, Get Jail time & Probabtion and Community Service so they can see what the word COMMUNITY means. A slap on the wrist is not teaching this Family a dang things and Won't stop them from the next Hoax they pull. Just sick to my stomach that they even thought this Hoax was a Good Idea and they need counseling, But they MUST PAY in MONEY for this.
Reply to this comment
by p94932 November 13, 2009 10:59 AM EST
what a pair of nimrods
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by Sloughfoot November 13, 2009 10:32 AM EST
Sounds like a media stunt to make headlines to me. Looks like they got a bite.
Reply to this comment
by goirish1974 November 13, 2009 10:19 AM EST
They should both do some jail time and be required to pay back all the money spent when they reported their young son was in the balloon. They should also be required to get some psychiatric help. That is a very dysfunctional family.
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