March 2023 Blues Vol 39 No. 3

that his comments on

that his comments on October 16 were part of a “game plan” to keep the Heenes’ trust. Richard Heene’s lawyer, David Lane, announced on October 19 that Richard and Mayumi Heene would surrender to police as soon as charges were filed, and plead not guilty. Throughout the Balloon Boy Hoax investigation, the couple had a list of potential fines and penalties before the sentencing began. The Federal Aviation Administration (FAA) proposed a fine of ,000 USD for the “launching of an unauthorized aircraft.” An FAA spokesman, Mike Fergus, later revealed that they had completed their investigation, but no details were released after the investigation. The couple also had proposed fines for Richard Heene for committing a class 4 felony; he could have received two to six years in prison and fines between ,000 to 0,000. Mayumi Heene was also facing a potential penalty; by committing a class 3 misdemeanor, she could receive up to six months in prison and a fine ranging from to 0. According to the supporting affidavit that law enforcement submitted with their application for a search warrant, Mayumi later admitted that she “knew all along that Falcon was hiding in the residence.” The affidavit alleges that the couple planned the hoax about two weeks before releasing the balloon on October 15 and “instructed their three children to lie to authorities as well as the media regarding this hoax”, for the purpose of making the family “more marketable for future media interests.” Guilty plea Richard Heene’s attorney announced on November 12, 2009, that both parents intended to plead guilty to the charges filed against them, for which the prosecutor would recommend probation. The attorney’s statement said that the threat of deportation of his wife, Mayumi Heene, who is a Japanese citizen, was a major factor in the plea negotiations. On November 13, Richard Heene pleaded guilty to a felony charge of attempting to influence a public servant. Mayumi Heene did not appear with him, but still faced a misdemeanor charge of false reporting to authorities. On December 23, 2009, a judge sentenced Richard Heene to 90 days in jail and 100 hours of community service. He was also ordered to write a formal apology to the agencies that searched for Falcon. Mayumi Heene was sentenced to 20 days in jail, to be served through jail-supervised community service for two days a week. Mayumi was also allowed to begin her sentence after her husband’s ended in order to ensure her children would be cared for, and the Heenes were also banned from receiving any profits from the hoax for several years. Richard Heene was also ordered to pay ,000 in restitution. Governor Polis issued pardons to the Heenes in 2020, saying they had already “paid the price in the eyes of the public” and that it was time for Colorado to move on from the case as it was a waste of precious time of the law enforcement, military enforcement, and the general public. Polis eventually removed Mayumi’s misdemeanor charge and Richard’s felony charge from their records, stating they deserved a second chance and still have the burden of guilt on them. Polis said, “It’s time to no longer let a permanent criminal record from the balloon boy saga follow and drag down the parents for the rest of their lives.” 90 The BLUES The BLUES 91