Balloon Boy Parents Face Sentencing

(CBS/AP)  The parents who pulled off the balloon boy hoax are already facing the prospect of jail time and paying tens of thousands of dollars in restitution over their stunt. An investigator also wants to forbid the couple from making any money off their newfound fame.

Richard and Mayumi Heene are scheduled to be sentenced Wednesday after pleading guilty to charges that they carried out the stunt in October to promote a reality TV show. The husband faces up to 90 days and jail, and the wife faces up to 60 days.

An investigator thinks the judge shouldn't stop at jail time.

Bob Heffernan, a lead investigator in the case for the Larimer County Sheriff's Office, said there should be limits on how the Heenes might profit from the Oct. 15 hoax, such as through book or TV deals.

"This would hopefully stop the Heenes from being able to exploit their criminal behavior or their children any more than they already have," Heffernan urged District Judge Stephen Schapanski in a letter dated Nov. 30. "All the while the Heenes were playing us all in hopes of making themselves more marketable."

David Lane, Richard Heene's attorney, said nothing in the law allows a judge to impose any such limits.

"That's a First Amendment violation," Lane said.

The Heenes made frantic calls to 911, the news media and the Federal Aviation Administration to report that their 6-year-old son may have been aboard a runaway balloon. That triggered a desperate 50-mile chase as the craft drifted across northern Colorado's plains - and then another desperate search once the balloon landed and the boy was nowhere to be found.

In his letter to the judge, Heffernan described his pain at having to tell the Heenes that their boy was not inside the balloon when it landed in a field.

"I wish I could make you realize the anguish I had when I went into that room," Heffernan said. "To have the Heenes start the grieving process with me trying to comfort them and give them some hope. Then to find out later they were just acting."

He added, "Yeah, it's personal, but I ask you to seek some justice for me and others by ensuring the Heenes' sentence ... reflects this personal anguish the Heenes caused to so many people worldwide."

Lane said he will ask that Richard Heene be spared any jail time.

"Orson Welles didn't go to jail for convincing the world that it was being invaded by Martians, with people panicking and committing suicide," Lane said, referring to Welles' 1938 radio broadcast "War of the Worlds."

"Not everything that happens that's bad in the world requires somebody to go to jail," Lane insisted.

Mayumi Heene's attorney, Lee Christian, did not return phone calls Tuesday.

The Heenes also face possible restitution for search and rescue costs. It wasn't immediately known if District Judge Stephen Schapanski would take up the issue at Wednesday's hearing.

The Larimer County District Attorney's Office estimates total costs at $46,000, according to Lane.

That includes two national guard helicopters launched to track the balloon, overtime for sheriff's employees and damage to the field where the balloon landed, reports CBS News correspondent Rick Sallinger.

Lane said he'll demand proof of all damages or extra costs.

The FAA has also informed the Heenes that they may be subject to an $11,000 fine for launching an unauthorized aircraft. The balloon flight forced some commercial aircraft to switch to a different runway at Denver International Airport.

On Monday, sheriff's officials announced that the Heenes acted alone and that their stunt did not include media outlets, as Sheriff Jim Alderden had speculated in October.

Several neighbors of the Heenes said the couple should be punished.

"First thing he should get, he should get a chance to publicly apologize to the nation and let them know that he is really remorseful for what he did because a lot of people were crying and very emotional with this whole saga," said Dean Askew, a friend of Richard Heene who was interviewed during the investigation. "The next thing he should get to do is his time."

Kenneth Seifert, who lives three doors down from the Heenes, said Richard Heene should pay restitution.

"And if he wants to go out and have his reality show, so let him do it," Seifert said.

[cbsblogger]

I'm glad it appears I was wrong. Maybe there is hope that money doesn't control all.

[keithle1]

Stupid people are breeding. Wasting law enforcement's time with your silly shenanigans. Can't just let them go with no punishment at all. We don't want to see or hear from you again.

[rightbehind]

Let them go.

[cbsblogger]

I'd bet money that regardless of what ethically should be done both in this specific case, and as a future deterrent for other wannabees, that the bloodsucking entertainment media (that has turned our country into non-thinking valueless zombies) will turn this couple into a temporary money making machine for their owners. They'll get a slap on the wrist and taxpayers will foot most of the bill for their frivolities.

Any takers?

[Harden_Tar]

Hopefully, in a year or two these morons will be a trivia question. Of course I thought that about Levi Johnston.

[Oregon_State_OSU]

Look at his Hair " Greased Lightnin "

W.T Douschieeeebag with gets his 15 minutes of fame.

[kbbpll]

Speaking of media wh*res, Deputy Fife now thinks he's going to be a county commissioner. Balloon Boy is not the only one trying to profit from this publicity - we who live here have to deal with Buffoon Boy too.

[MsStahl]

Every one is thinking... yuk that Mayumi is one ugly faced woman with a husband that is an
idiot with the bowl haircut

Outrageous they will get so little jail time, a small fine and still be able to keep their kids!

[pensacola8-2009]

This couple is not the first to scheme up a way to promote some attention for their personal gain, but it was clear that they underestimated the community reaction as we saw.

I hope they are asked to perform community service that includes teaching children to read. One appropriate story with a strong message is "The Child who cried Wolf"

They can also teach community involvement values to adolescant students by organizing fund raising for different community needs.

If a judge is wise and lets this couple use their talents to help their community instead of spending more public money to incarcerate them, I feel justice would be better served.

[blackbug99]

I agree. We have bigger criminals in need of incarceration than these fools. Restitution, certainly! They need to know that, even if the $$$ amount is exaggerated, that people they don't even know risked their lives for their hoax. I don't think they're smart enough to do community service by teaching. I would assign them to do duty at rescue squads. Then they could see what goes on during an event.

[ncx]

Watch for the Heenes in their new reality show "Jail House *****".