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Fake Banner
By Gerhard Adam | October 26th 2009 11:49 PM | 8 comments | Print | E-mail | Track Comments
Well, it seems that the issue surrounding the runaway balloon has finally been resolved with the entire event being a hoax. Certainly there are many people that are angry and there's much talk about criminal charges being brought.  No doubt, virtually everyone has an opinion and it probably isn't favorable.

However, the concern I have is with the issue of Child Protective Services involvement and the threat of having the children removed.  Despite everyone coming out of the woodwork now claiming that Richard Heene is abusive and that he's endangering his children, the simple truth is that prior to this event he wasn't on anyone's radar, so I'm a bit suspicious about how bad a parent he is.

More importantly, while there are many people that think that his taking children with him on storm-chasing trips, the point is that this is ultimately a parental decision.  There is a clear line separating an abusive parent versus one that may simply be acting in a manner we disagree with.

The issue is whether society, at large, should have a right to intervene in parenting simply because they disagree with someone's methods.  We may make all kinds of rationalizing arguments about how he's a bad parent, or how he's endangering his children, or how their behavior is inappropriate.  In the end, the question that remains is "how is this any of our business"?

We are fond of talking about Constitutional rights and personal liberty, yet we are so quick to intrude into the most fundamental right that exists; parental decisions in how they raise their children.

Intervening in a family is an extremely serious step and warrants correspondingly serious circumstances before it is invoked.  However, it seems that this is becoming an increasingly available option intended to intimidate parents.  In short, I don't find the discussions about Richard Heene's children to be motivated by a concern for the children as much as a retaliatory act against the parents. 

I certainly don't have a problem with the family being fined and ordered to pay restitution for the expenses incurred for the hoax.  However, anything beyond that is to make a relatively innocuous event into a crime that is totally out of proportion to what actually occurred.

In short, the public needs to understand that while they are entitled to their personal opinions, they are not entitled to have that opinion enforced by the authorities of our government.  It's time that people lightened up a bit.  We have enough serious problems to contend with without escalating trivial problems into national criminal status.

Comments

Hank's picture
I agree.   A tough parent is not a bad parent and the one thing sure to screw up those kids more is putting them in government foster care.

There is a difference between being tough and being abusive. I have been in both situations, but taking a child on a weather balloon is just dangerous. I realize that the way that this event ended was happily, but ridiculous, but I also believe that this teaches a child that they could go above and beyond normal means to get attention. I mean, where do you draw the line.? This kid's parents sent the nation into an uproar!! What does this teach America's children. I think that it teaches them that it is okay to tell even a MASSIVE lie just to get attention and that is wrong. What would Jesus say about it. We are God's children too!!

Gerhard Adam's picture
...but taking a child on a weather balloon is just dangerous.

He didn't do that and he didn't intend to do that.  The fact that the child was supposedly in the balloon had nothing to do with intentions.  In any case, regardless of personal opinions, "dangerous" is NOT synonymous with "abusive".
This kid's parents sent the nation into an uproar!! What does this teach America's children.

Not true.  The media and this society's insatiable appetite for news on a 24 hour cycle is what did that.  Even the idea of a reality show is because of public demand and not the desires of those that participate. 
I think that it teaches them that it is okay to tell even a MASSIVE lie just to get attention and that is wrong.

Actually I think that lesson is learned from the leaders and authority figures.  After all, it is generally accepted that politicians routinely lie.  We've seen how some corporate leaders may lie and steal to enrich themselves.  So whatever Richard Heene did, it most assuredly doesn't measure up to the hundreds of examples that our children have seen over the years.

Hfarmer's picture
People are presumed innocent until proven guilty.  Not the other way around.  At least in the United States of America.  First of all this is not settled as being a hoax at all.  The so called "confession" of Mayumi Heene  that all the stories you have seen is based on is just a police affidavit used to obtain a search warrant.    In fact here it is. 

http://www.mynocodata.com/special_reports/heene2009.pdf

Search warrant's in the USA typically do not say.  "Well Mr/Ms Judge we don't think that there's anything amiss here but we want to check anyway."  All search warrants make the person they are served on sound guilty.  Then make them look guilty to the lay public.  

The so called confession is an alleged statement by Mayumi Heene.  Even Wikipedia has held off of outright calling this a hoax based on that statement.    Out of an abundance of caution, and fear of a conceivable libel suit as has happened in similar cases.  

On the broader topic of your composition I whole heartedly agree.
  This all kinds of henious convicted felons get to keep and raise their children as they see fit.  If this is proven to be a hoax in a court of law the worst these people would likely get is probation, and/or a hefty fine.  It's kind of like the offence of hitting a school bus with no kids in it.   Serious but hardly so bad as to terminate parental rights. The only basis on any fact I have seen for taking away those kids is statements that Richard Heene yells allot.  My father yelled too, he kept my mostly soft spoken mother from beating me senseless at times.

I have heard some people totally go off the deep end in their condemnation of these people.  I mean I have see people elsewhere write that the Heene's don't deserve to live.   That they should be sterilized.  My personal favourite..." That people like them should not have children or the right to marry when queer people do not".  (... Relatedly similar statements have been made regarding a justice of the peace who would not officiate a biracial marriage.  As a queer person of a sort myself that kind of talk even makes me homophobic!)  I have heard each of those more than once and said in so many ways.

Call me Nieve, but when my nose twitches I can't help but follow.  It twitched for Richard Jewell, the Ramsey's, and Rolando Cruz to name a few.  I can smell when people are innocent, but stupid enough to not remain silent without an attorney.

Gerhard Adam's picture
I personally believe that it was a hoax, but even so, you should be able to tell from my post that I don't consider it anything but a relatively trivial issue.  In other words, if proven that it truly was just a hoax, then restitution for expenses would certainly be in order.

Hfarmer's picture
 Consider the following facts: Sheriff under investigation ; Mayumi confessed to keep children.
The main points of this post, supported by the below are that a.) the Sheriff who's investigation you are relying on is under investigation himself due to his leeking.  Further there is some question that Mayumi Heene may not have been read her Miranda rights, and may have been threatened, or felt threatened that if she did not confess her children could be taken away. There is more to this story than the headlines. 

First let me quote you a AP story on the investigation of the Sheriff which is underway. 
No decision on charges in Colorado balloon case

By DAN ELLIOTT (AP) – 1 hour ago

DENVER — Prosecutors said Tuesday they haven't decided whether to file charges against the parents accused of falsely reporting their son was in a runaway balloon, sparking a massive rescue attempt before the boy was found at the family's Fort Collins home.

The father's attorney, David Lane, also announced Tuesday that a special prosecutor has been named to review his complaint concerning the sheriff investigating the couple.

Sheriff's investigators turned their case over to the district attorney on Monday. Prosecutors are waiting for more information from the sheriff before deciding whether to file charges against Richard and Mayumi Heene, Larimer County district attorney's spokeswoman Linda Jensen said.

She would not say what kind of information prosecutors are waiting for or when a decision might be reached.

Larimer County Sheriff Jim Alderden has said the Heenes were lying when they reported their 6-year-old son Falcon was in a homemade helium balloon that lifted off from their back yard in Fort Collins on Oct. 15, drifted across two counties and landed in a farm field.

Alderden said the whole thing was a hoax to generate publicity for the couple, who have appeared on the ABC reality show "Wife Swap" and were trying to arrange another show.

Lane, the lawyer representing Richard Heene, claims Alderden broke privacy laws by publicly saying social services were looking into the welfare of Falcon and the Heenes' two other sons, ages 8 and 10.

Lane wrote a letter to the district attorney Monday asking for an investigation and prosecution of Alderden.

He said Tuesday that Boulder County District Attorney Stan Garnett will investigate his complaint.

"As long as it's not a whitewash investigation, I think it's a step in the right direction," Lane said.

Larimer County District Attorney Larry Abrahamson told the Coloradoan that he sought an outside review because the allegations directly relate to a case that Alderden's office is investigating and Abrahamson's office may prosecute.

Abrahamson's office didn't return an after-hours message from The Associated Press seeking comment. A call to the sheriff's office was not immediately returned Tuesday.

Richard Heene has publicly denied the episode was a hoax, but investigators said Mayumi Heene admitted to them that it was a publicity stunt.

Mayumi Heene's attorney, Lee Christian, declined to comment on his client's alleged confession.

He said Tuesday the couple hasn't split up.

"The family is together trying to make it through all of this," Christian wrote in an e-mail to The Associated Press.

Associated Press Writer Colleen Slevin contributed to this report.

Emphasis mine. 


In concluding that this is a hoax, you are taking the word of a Sheriff who is known to have shot off his mouth and been a bit of a fame seeker himself.  For this a special investigator has been appointed.  Conversely the prosecutors office is not even sure they will file any charges at all against the Heene's.  


Then there is this story.   
Did balloon mom confess to protect kids?

Legal experts say alleged hoax admission could have a purpose
Associated Press updated 7:44 p.m. CT, Mon., Oct . 26, 2009

DENVER - Friends say the mother of the little boy at the center of the Colorado balloon case is devoted — even subservient — to her inventor husband and her kids, so why would she allegedly tell sheriff's deputies that the whole thing was a hoax?


If Mayumi Heene made that confession — as alleged in a search warrant for the family's home — it may have been to keep her children from being taken away from her, or to spare them from having to testify against her husband, Richard Heene, legal experts said Monday.


"When it comes to incarceration, the bonds of affection only go so far," said Scott Robinson, a Denver trial lawyer and legal analyst.



Larimer County Sheriff Jim Alderden has said he'll recommend criminal charges of conspiracy, making a false report to authorities and attempting to influence a public servant. He's also asked that child protective services investigate the children's well-being.


More information requested

The county district attorney's office received the case from the sheriff's department Monday but said it had requested more information. Richard Heene's lawyer, David Lane, also asked prosecutors Monday to probe whether Alderden violated state privacy laws when he told reporters child protective services had been contacted.


Alderden claims the Oct. 15 flight was a stunt to generate publicity for the Heenes. Both Mayumi and Richard Heene placed calls claiming 6-year-old Falcon may have been inside the balloon as it drifted 50 miles across northern Colorado. The world watched with horror as the balloon landed without the boy — then worried that he may have fallen thousands of feet to his death.


Falcon was found hiding in the rafters of the family's garage.


The Heenes have publicly denied any hoax. But a search warrant affidavit said Mayumi Heene, 45, told an investigator on Oct. 17 that the balloon was released intentionally and that the couple knew Falcon was hiding.


According to the affidavit released late Friday, Heene said the stunt was intended to make the family "more marketable for future media interest" and that the three boys had been instructed to lie to authorities and the media.


Mayumi Heene's lawyer, Lee Christian, didn't respond to several telephone messages Monday.


Lane dismissed the alleged statement as hearsay, adding that it could only be used against Mayumi Heene, not her 48-year-old husband, unless she were to take the stand against him and submit to cross examination.


Lane wouldn't discuss whether the Heenes were still together.


"I'm not their marriage counselor," he said.


Robinson said it's not unusual for spouses to turn against each other when facing criminal charges. He said Mayumi Heene may have made the confession with an eye toward helping herself and for that reason lawyers could call its reliability into question.



May not be admissible

The alleged statement may not be admissible in court, cautioned Karen Steinhauser, a former Denver prosecutor, if Heene wasn't warned of her rights to have a lawyer or not to speak — or if she was threatened with the loss of her children.


The alleged statement doesn't mean that Heene would willingly testify against her husband should charges be filed, said Steinhauser, now an adjunct professor at the University of Denver's Sturm College of Law.


Spouses generally can't be forced to testify against each other because of laws giving privilege to conversations between husbands and wives, similar to those protecting lawyers from talking about their discussions with a client. Colorado and many other states make exceptions to that.


In Colorado, spouses can be called to the stand to discuss their private conversations if they concern plotting a crime, Steinhauser said.


Wendy Murphy, a Boston attorney and victims advocate, speculated one incident may have prompted Mayumi Heene to cooperate with investigators if she thought that would help protect her children.



In February, a deputy responding to a 911 hang-up call suspected that a fight may have taken place at the Heene home, but no charges were filed. Alderden has said officials unsuccessfully tried to persuade Mayumi Heene to go with her sons to a safe house.

"If she really is in a volatile relationship, then no matter what happens with the balloon boy case, she benefits," Murphy said.




Sorry for the length.  But I wanted to quote the articles and their context for your perusal. 





Gerhard Adam's picture
Whether true or not, the case simply isn't that significant.  Instead of all this escalation as if this were the Kennedy Assassination revisited, it seems simple enough. 

If the sheriff has evidence that will stand up in court that this was a hoax, then a fine and restitution should be levied.  If not, then they go free.

In neither case do I see this as an event worth all the attention it has been given. 

My own feeling about it being a hoax is the 911 call from the father, Richard.  It just seems a bit over the top, especially when one considers that this was the third call made.  While I'm not going to criticize the order of the phone calls, it seems a bit odd that the hysteria occurred on the 911 call and that he had the presence of mind to call the FAA and news outlets first.  Whether the choice was one of a rational thinker, or a manipulator isn't relevant to my point.  It simply seems out of character that whatever the reason for the decision that during the 911 call, we suddenly get hysteria.  It just seems like over-acting (sort of like watching CSI: Miami). :))

That the balloon wasn't of a size sufficient to carry the kid off is proof enough of the hoax.

Yes, they should be fined for the cost of the rescue and a sufficient punishment for the impact on the airport.

But, I'd rather a parent who interests their kids in science in a dramatic way than a religious parent homeschooling their kids to be ignorant of science - either way, it's not anyone's place to interfere until after some harm is actually done.

Much the same way that the police don't really get involved when someone is menacing you until after they actually do something.

the best punishment for the Heene family is to ignore them and hopefully, they get a creative sentencing judge that bans them from being on TV for the next 5 years.

If anyone's family situation needs to be looked at, it's the families who are actually on reality shows, not so much the ones trying to get one

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