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Charges Filed; Balloon Boy's Parents To Plead Guilty

Lawyer Says Threat Of Mother's Deportation Resulted In Plea

POSTED: 3:23 am MST November 12, 2009
UPDATED: 12:55 pm MST November 12, 2009

Richard and Mayumi Heene, the couple accused of perpetrating the balloon boy hoax to promote a reality TV show, are expected to enter guilty pleas Friday morning in Larimer County Court.

"Richard Heene will plead guilty to attempting to influence a public servant, a class-four felony," said Richard Heene's lawyer, David Lane, in a statement e-mailed to 7NEWS early Thursday.

Mayumi Heene will plead guilty to false reporting to authorities, a class-three misdemeanor, he said.

Ten hours after Lane sent out his e-mail, the Larimer County District Attorney's Office announced the filing of charges against the two.

Richard Heene was charged with one count of attempting to influence a public servant. The penalty range for a class 4 felony is two to six years in the Department of Corrections and a fine of $2,000 to $500,000. Heene turned himself in and was booked on the charge Thursday morning. He was released on a personal recognizance bond of $5,000.

Mayumi Heene was charged with one count of false reporting to authorities. The penalty range for a class 3 misdemeanor is up to six months in county jail and a fine of $50 to $750.

After the two enter pleas Friday morning, the sentencing will be continued for approximately one month for the preparation of pre-sentence reports, Lane said.

Spokeswoman Linda Jensen said the District Attorney's Office would not disclose whether a plea agreement had been reached.

The Larimer County Sheriff's Office issued a brief news release on the development that said, "The Larimer County Sheriff's Office will not be issuing any statements or press releases regarding the incident of Oct. 16, 2009. Further, Sheriff (Jim) Alderden is on a well-deserved vacation and cannot be reached for comment. The sheriff did post on his Blog about David Lane, calling him a "joker."

Initially, the Heenes denied that the incident was staged.

"To have people say that, I think is pathetic," Richard Heene told reporters.

But two days after the Oct. 15 flying saucer-shaped balloon chase riveted TV audiences worldwide, Mayumi Heene allegedly admitted "that she and Richard Heene had lied to authorities," Larimer County sheriff's investigator Robert Heffernan wrote in a sworn statement supporting a warrant to a recent search of the family's home.

The elaborate ruse began to unravel when the Heene family was interviewed live on CNN several hours after 6-year-old Falcon Heene was found. The boy was asked why he hid in the attic and he turned to his dad and said, "Uh, you said we did it for the show."

Mayumi Heene is a citizen of Japan. Any felony conviction or certain misdemeanors would result in her deportation, Lane said. She is avoiding that possibility with the plea, according to Lane.

"It is supremely ironic that law enforcement has expressed such grave concern over the welfare of the children, but it was ultimately the threat of taking the children's mother from the family and deporting her to Japan which fueled this deal," said Lane. "Threatening to stretch what is essentially a low-level misdemeanor into a felony prosecution, followed by deportation upon conviction, simply to make a point, shows a complete and utter disregard for the true best interests of these children."

Mayumi is represented by attorney Lee Christian, who did not return phone calls from 7NEWS seeking comment.

Recipients of Lane's e-mail included the major television networks and talk show host Oprah Winfrey.

The Heenes met at acting school in Los Angeles and were in negotiations to launch a reality TV show.

"Needless to say, they put on a really good show and we bought it," Alderden had said.

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