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Balloon Boy Parents Don't Want To Pay Full Restitution

Attorneys File Motion Challenging Restitution Amount

POSTED: 4:03 pm MST January 26, 2010
UPDATED: 4:29 pm MST January 26, 2010

Attorneys for the parents who pleaded guilty to the balloon boy hoax say the family should pay only a small portion of the $48,000 in restitution sought by authorities.

Attorneys for Richard and Mayumi Heene filed a joint motion last week challenging the amount sought by the Larimer County Sheriff's Office and other agencies who responded to the Oct. 15 event. Included in the amount of restitution is about $20,000 for efforts the day of the event, $16,000 for National Guard helicopters and $12,000 spent on the investigation.

Mayumi Heene's attorney said he is confident that prosecutors have "never" sought restitution for investigative cost, according to the Fort Collins Coloradoan.

"The defendant is being billed for investigator costs. Defense Counsel is confident that the People have never sought restitution for investigative costs. Every case has investigative costs and this absolutely delimits the purposes of the restitution statute," attorney Lee Christian wrote, underlining the words never and every, according to the Coloradoan.

Christian also challenged the need to pay for the non-overtime pay of investigators and searchers. "Non-overtime pay is not a pecuniary loss," he wrote. "The defendant should not have to pay for any law enforcement agencies on-duty-non-overtime-pay. These individuals would be doing their jobs at their rate of pay regardless. Therefore, it should not be computed into restitution for this matter."

Richard Heene's attorney, David Lane, said the amount makes it appear that authorities want to make money on the episode.

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