Jim Alderden Investigation: DA Appoints Special Prosecutor To Investigate Whether Balloon Boy Sheriff Broke Law


First Posted: 10-28-09 09:49 AM   |   Updated: 10-28-09 11:08 AM

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Balloon Boy

The Fort Collins Coloradoan reported Wednesday that the Larimer County District Attorney has appointed a special prosecutor from outside the district to investigate whether Sheriff Jim Alderden broke the law by telling the press that social services was investigating the Heene "Balloon Boy" family.

Alderden said the family orchestrated what he called a hoax in order to generate interest in a reality television deal. Alderden said the county's Child Protection Services team had been asked to investigate whether the family's environment was safe for the three Heene children.

On Monday, an attorney for father Richard Heene called for an investigation into Alderden's disclosure, citing a Colorado law that bars officials from discussing such information publicly. David Lane said Alderden disclosed the investigation in part to whip up a public frenzy against his client.

Abrahamson's office confirmed Tuesday that Boulder's 20th Judicial District had been appointed to handle the review.

David Lane, a lawyer representing Richard Heene, told Westword on Monday: "we're going to be sending out a letter today asking that somebody in the DA's office take a look at the sheriff for divulging information about a child-abuse investigation... That's a misdemeanor."

Lane expressed outrage at Alderden's tendency for sharing details with the press.

From Westword:

"All I can speak about is my situation, but I've been doing this for thirty years, and I've never seen an affidavit in support of a warrant released to the public before an arrest is made," Lane insists. "And I've never seen a sheriff release confidential information in violation of the law about an ongoing child-abuse investigation. That's certainly not going to help the DAs with their case."

Watch Alderden on the O'Reilly Factor Last Week:

The Fort Collins Coloradoan reported Wednesday that the Larimer County District Attorney has appointed a special prosecutor from outside the district to investigate whether Sheriff Jim Alderden broke ...
The Fort Collins Coloradoan reported Wednesday that the Larimer County District Attorney has appointed a special prosecutor from outside the district to investigate whether Sheriff Jim Alderden broke ...
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- DEMatHEART I'm a Fan of DEMatHEART 2 fans permalink

I think the sheriff's alleged disclosure violation will be settled quickly. Right now, it seems like a convenient distraction from the Heene family's real problem: their thirst for attention and fame at all costs, even if it involves their children.

When I saw Mrs. Heene "cry" and "sob" over her son, when I heard her desperate 911 call - and then realized she was playing everyone for the sake of a hoax, it just repulsed me. All of the collective neighborhood concern and support, the manpower involved in chasing & rescuing the balloon when they thought Falcon was inside. And what does that teach their children? To lie? To deceive?

If Heene is arrogant enough to attempt a book or movie deal off of this hoax (surprise/­surprise!)­, he should give EVERY PENNY of the proceeds to the police & rescue teams, and the National Guard whose genuine concern and sense of duty have been violated. They had a lot of equipment on hand for the "rescue." They should be reimbursed for their costs.

Shame on the Heene family!

    Reply    Favorite    Flag as abusive Posted 10:59 AM on 10/31/2009

All this sheriff is doing is infringing on the minority rights of the child. This is something the "shrub" did to every minority he ever hated. The RepubliKKKans are the tent for "Dubya" to call home.

    Reply    Favorite    Flag as abusive Posted 08:56 PM on 10/28/2009
- ObamAtomic I'm a Fan of ObamAtomic 140 fans permalink
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Sheriffs are above the law.

    Reply    Favorite    Flag as abusive Posted 08:49 PM on 10/28/2009
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Illustrates well that when you reach the bottom of the barrel, lift it up and there's even worse UNDER the barrel.

    Reply    Favorite    Flag as abusive Posted 08:01 PM on 10/28/2009
- j-tho I'm a Fan of j-tho 19 fans permalink
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oh please ~

    Reply    Favorite    Flag as abusive Posted 06:58 PM on 10/28/2009

I will agree with others that this is a side show, but for what it's worth, if the sheriff stated that he requested an investigation, then that is probably NOT a confidential detail that would merit a prosecution. The law is designed, if it's similar to our's in Calif, to keep the investigation details secret, not necessarily the fact that there was an investigation in the first place.

Case in point: Michael Jackson. Everyone knows he was investigated. Do you know the details? Only via the national enquirer

    Reply    Favorite    Flag as abusive Posted 06:56 PM on 10/28/2009
- johnr49 I'm a Fan of johnr49 71 fans permalink

Have you forgotten his numerous court appearances? What do you think they were for - speeding?

    Reply    Favorite    Flag as abusive Posted 10:24 PM on 10/28/2009
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Please....focus on the real situation, a sick publicity seeker and a reality TV industry that gives a voice to the bottom of the food chain.

    Reply    Favorite    Flag as abusive Posted 06:51 PM on 10/28/2009
- oldgeek1 I'm a Fan of oldgeek1 34 fans permalink

The Press should be investigated for not asking simple questions from the get go, like how was it possible for a child to get into that contrapion.

    Reply    Favorite    Flag as abusive Posted 06:11 PM on 10/28/2009
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Sure, let's investigate the "PRESS", all of them, line'em up and start the interogations! Pleeease!! Not only is it 'NOT' the burden of the press to ask the questions that should have been covered by the 911 operator, police officers and officials, but haven't we wasted enough money and publicity on this brain-sucking lack-of-a-­real-story already? The Heene family doesn't have the money to actually reimburse everyone involved for their costs, do we really need to create more? Let's cap this gusher off already before it bleeds this county dry. Can you see that headline? " 'Balloon Boy Hoax Bankrupts Town', full story on A3." Time to grab that public momentum and groundswelling of concern, feed it into a real story and actually gleem something productive out of this mess.

    Reply    Favorite    Flag as abusive Posted 03:51 PM on 11/17/2009
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He should be investigated for not conducting a proper search of the premises when the missing report was first filed.

    Reply    Favorite    Flag as abusive Posted 05:40 PM on 10/28/2009
- hottingers I'm a Fan of hottingers 23 fans permalink

AMEN

    Reply    Favorite    Flag as abusive Posted 05:57 PM on 10/28/2009
- tb92 I'm a Fan of tb92 70 fans permalink
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The authorities did search the home first thing. I haven't heard anything about why they didn't find the boy. It's possible that he wasn't actually hidden in the home at first. Hopefully, there's a good reason for them missing him.

    Reply    Favorite    Flag as abusive Posted 06:48 PM on 10/28/2009

The ceiling of the garage? Something like that.

    Reply    Favorite    Flag as abusive Posted 06:59 PM on 10/28/2009
- hottingers I'm a Fan of hottingers 23 fans permalink

Incompetence is not a good reason. If they would have found him there would have been no big deal. Colorado police departments are the 'special' students of law enforcement.

    Reply    Favorite    Flag as abusive Posted 07:42 PM on 10/28/2009
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The chicken soup of politics: You can indict a ham sandwich. And anyone
putting ketchup on a hot dog is guilty of a misdemeanor. It can't hurt!

    Reply    Favorite    Flag as abusive Posted 03:48 PM on 10/28/2009
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Nobody puts ketchup on a hotdog. -Dirty Harry

    Reply    Favorite    Flag as abusive Posted 06:55 PM on 10/28/2009
- johnr49 I'm a Fan of johnr49 71 fans permalink

Or mustard on a burger - Republicans.

    Reply    Favorite    Flag as abusive Posted 10:27 PM on 10/28/2009

Ignore the dysfunctional family. All the sheriff did was keep the adults' names in the news for another boring cycle.

    Reply    Favorite    Flag as abusive Posted 03:42 PM on 10/28/2009
- bigsioux I'm a Fan of bigsioux 35 fans permalink

As I listened to his press conference I was quite surprised how much he did say, including his references to polygraphs, while at the same time saying he could not discuss the results publicly because of some law. Not rocket science to know he wanted everyone to know someone flunked a polygraph. Regardless of how appalling the actions of these parents, the rules regarding public disclosure should be in place for them and anyone else. This sheriff was eating up the attention and got carried away. Notice he hasn't spoke out publicly since.

    Reply    Favorite    Flag as abusive Posted 03:41 PM on 10/28/2009
- WRPrintz I'm a Fan of WRPrintz 12 fans permalink

Why are some sheriffs allowed to wear three stars, and others four stars?

Are they Lieut.-General Sheriffs, vs. General Sheriffs?

    Reply    Favorite    Flag as abusive Posted 03:14 PM on 10/28/2009

A lawman broke the law, GASP!! What a SHOCKER, neh not really.

    Reply    Favorite    Flag as abusive Posted 02:25 PM on 10/28/2009
- rlugbill I'm a Fan of rlugbill 8 fans permalink

Sheriffs and sheriff's deputies break the highest law of the land all the time and nothing happens to them. They violate the U.S. Constitution by illegally breaking into people's homes, illegally searching people, illegally arresting people, using illegal force against people. Nothing ever happens to them except in rare cases. That's why they think they are above the law. They think they don't have to obey the law because they regularly break the highest law of the country and regularly get away with it.

    Reply    Favorite    Flag as abusive Posted 02:13 PM on 10/28/2009
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Having ran for Sheriff, may I say that the the Sheriff is the President of
the county, as he has the same absolute authority as the President
over his county.

But he only exercises such deƔdly force over the lower half of society,
the 50% with none of the wealth, as he and his men spend 95% of
their time policing you, I and the others in our lower class.

For law enforcement is all of the intelligent ruling class, the 50%
who all have excessive wealth.

    Reply    Favorite    Flag as abusive Posted 02:52 PM on 10/28/2009
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