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Sheriff: Possible Jail Time, Fines In Balloon Hoax

What Will Happen To Richard Heene?

POSTED: 10:28 pm MDT October 19, 2009
UPDATED: 7:25 am MDT October 20, 2009

The man accused of conjuring up an elaborate scheme to get on a reality television show may not be formally charged with any crime until next week.

But many people who watched the ordeal unfold on live television have written to 7News and called, angry, asking if criminal charges are enough.

“I think there is a clear line between bad parenting and child abuse and this was child abuse,” said Dan Caplis, of KHOW radio.

For days now, the airwaves and the supermarket are filled with chatter surrounding the balloon hoax. Specifically people are talking about what they think should happen to the father, Richard Heene.

“Could there be a felony charge or two, possibly,” said Craig Silverman, former Denver prosecutor. “Contributing to the delinquency of a minor -- anytime you encourage a child to break the law that becomes a class four felony.”

But 7News wanted to know if encouraging or forcing your child to lie is a reason for the kids to be taken from the home.

“People need to be careful about assuming these kids are in harms way,” said Richard Harris, family law attorney with the Harris Law Firm.

Harris said removing these children from the home may not be the best thing for them. He said foster care is difficult and not always better than the current situation a child may be in. He said in order for the kids to be taken from Richard and his wife, the state would have to prove the children are in real danger.

“You are outraged, you want something to happen, but taking kids from their home is one of the hardest things legally that the system can do and that is probably as it should be,” said Harris.

The sheriff said Richard Heene will most likely face several charges, misdemeanors and felonies.

But many people have wondered if he will actually spend any time in jail.

“I think some judge may sentence him to jail, to send a message,” said Silverman. “It is all about deterrent. He's clearly exploiting his children if these charges are true. Nobody likes that. You don't hurt children; you don't involve kids in something like this. If you want to deter other members of the public who would do something like this, how do you do it? Send them to jail.”

If found guilty, Heene will most likely be forced to pay restitution for all of the deputies, fire fighters, paramedics, even the national guard that were called in. Silverman said restitution would not be dischargeable by bankruptcy.

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