January 7, 2010 7:22 AM

Balloon Boy Parents Slapped with Jail Time

(CBS/AP)  Updated at 1:06 p.m. EST

The Colorado parents who carried out the balloon boy hoax, were sentenced to jail Wednesday and given strict probation conditions that forbid them from earning any money from the spectacle for four years.

Richard Heene was sentenced to 90 days in jail, including 60 days of work release that will let him pursue his job as a construction contractor while serving his time. His wife, Mayumi, was sentenced to 20 days in jail.

Richard Heene choked back tears as he said he was sorry, especially to the rescue workers who chased down false reports that his 6-year-old son had floated away in a balloon on Oct. 15. It was a stunt designed to generate attention for a reality TV show.

"I do want to reiterate that I'm very, very sorry. And I want to apologize to all the rescue workers out there, and the people that got involved in the community. That's it," said Richard Heene, whose wife did not speak at the hearing.

Larimer County District Judge Stephen Schapanski then ordered Heene to begin a 30-day jail term on Jan. 11, delaying the start of the sentence for two weeks so he can spend the holidays with his family. Schapanski allowed Heene to serve the remaining 60 days of his jail term under work release, meaning he can work during the day but spend his nights in jail.

The Heenes' probation will be revoked if they are found to be profiting from any book, TV, movie or other deals related to the stunt.

"This, in simple terms, was an elaborate hoax that was devised by Mr. and Mrs. Heene," the judge said.

The Heenes pleaded guilty to charges that they carried out the balloon hoax, with deals that called for up to 90 days in jail for the husband and 60 days for his wife.

Schapanski ordered Mayumi Heene to serve 20 days in jail after her husband completes his sentence. Her time served is flexible - she can report to jail on 10 weekends, for example - so the children are cared for, the judge said.

Back in October, the Heenes made frantic calls to 911, the news media and the Federal Aviation Administration to report that their 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.

Prosecutors asked for the maximum sentence for the husband, saying that a message needs to be sent to promoters who attempt to carry out hoaxes to generate publicity. Chief Deputy District Attorney Andrew Lewis also asked for full restitution to reimburse authorities for the cost of investigating the hoax - an amount that could exceed $50,000.

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.

"People around the world were watching this unfold," Lewis said. "Mr. Heene wasted a lot of manpower and a lot of money in wanting to get himself some publicity."

He added, "Jay Leno said it best when he said, 'This is copycat game.' And people will copycat this event. (The Heenes) need to go to jail so people don't do that."

He portrayed the Heenes as growing increasingly desperate as their pitches for a reality TV show kept getting turned down by networks - and the family fell deeper into a financial hole. Lewis said the Heenes set in motion the balloon hoax in early October as a way to jumpstart the effort and get some attention.

They chose Oct. 15 because the weather was cooperating and the kids were home for school with parent-teacher conferences, allowing the Heenes to report that 6-year-old Falcon had floated away, Lewis said.

Once the parents were brought in for questioning, Richard Heene feigned sleep during the lie-detector test, claiming it was some sort of diabetic episode, Lewis said.

David Lane, Richard Heene's attorney, pleaded for leniency with the judge and said that the couple "have learned a lesson they will never forget for the rest of their lives." He also said that if someone has to go to jail, let it be Richard Heene and not his wife.

"That is his plea. That would be something of a Christmas miracle if that can occur," he said.

© 2010 CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
Add a Comment See all 56 Comments
by p94932 December 24, 2009 9:05 AM EST
this guy got off light
Reply to this comment
by bubbadubba December 24, 2009 7:16 AM EST
The jail time will be great for the book and movie deals since it will add drama.
Reply to this comment
by apprxam December 24, 2009 3:11 AM EST
I love the fact that the Big Three broadcaster's programs that have presented this story a bit more in depth mentions very little about the "reality tv" aspect of their motives. When entertainment had more filters and usually required some talent, we just didn't hear about people lying to authorities about their children cast assail in weather balloons, or an unemployed, public fund receiving, unmarried woman who already had 4 or 5 children being intentionally impregnated with as many children as the body can carry.

Why isn't this being addressed by the media? As bad as television was in the 80's $ 90's, none can compare to the hauntingly corrupt nature of today's.
Reply to this comment
by newsterl December 24, 2009 1:34 AM EST
delaying the start of the sentence for two weeks so he can spend the holidays with his family. "

I think he should have staretd his sentence immediately.
Reply to this comment
by bradkt1 December 23, 2009 8:54 PM EST
I like the condition that the judge imposed that they can't profit off this publicity stunt nonsense that they pulled off for 4 years. No one connected with reality is going to want a 4 year old story. That part of the sentence actually hit them where it hurts the most. They would much rather get 6 months jail time and then be able to profit off the story when they got out of jail.

Not this time.
Reply to this comment
by Skruffy1 December 24, 2009 8:07 AM EST
Yes, but it should have been a permanent prohibition on their making money from it. Four years goes by pretty quickly. I hope you're right that nobody will care in four years.
by cattiej December 23, 2009 6:46 PM EST
Don't ya just love the picture of Heene looking up to the ceiling and the look on his attorney's face. His attorney is probably glad to hopefully be finished with this jerk. He should have had gotten some hard time with the big boys in prison. I hope Heene never has to call 911 again, it might just take a long time for them to get there. He should have to pay back the money that was spent on following the balloon. Wonder if his wife will back to her home country with the kids!
Reply to this comment
by krzeaz December 23, 2009 6:27 PM EST
CBS News, why not put a thumbs up and a thumbs down beside comments, so the other readers can give their approval or disagree??
Reply to this comment
by 50BMS13 December 24, 2009 12:02 AM EST
Yes,good idea. Also have the comments sortable by most popular, least popular, and in order received.
by krzeaz December 23, 2009 6:24 PM EST
Not nearly enough time for either the mother or the dad. Couple of reprobates.
Reply to this comment
by PR_in_Alabama December 23, 2009 6:21 PM EST
You can tell this dude(dad) is kind of mentally unstable. I feel for the wife and the kids.....
Reply to this comment
by longtree-2009 December 23, 2009 6:15 PM EST
they got off easy. judges sure are easy on all types and kinds of crime and criminals. is it any wonder that criminals reign in these united states?
Reply to this comment
See all 56 Comments
.
Scroll Left
Scroll Right More »
CBS News on Facebook