"It is our belief that the sheriff has engaged in a concerted effort to prevent the Heene's (sic) from possibly receiving a fair trial in this matter," wrote David Lane, lawyer for Richard Heene, in an e-mail to the media.

Larimer County Sheriff Jim Alderden is recommending charges against Richard and Mayumi Heene after they claimed their 6-year-old son, Falcon, was in a helium balloon that took off from their home earlier this month. It turned out to be a hoax and the boy says he was hiding in the attic the entire time.

"Each and every statement made by the sheriff is designed to fuel the public frenzy against the Heenes and insure (sic) that they will be convicted in the court of public opinion before any charges are even filed in this matter," Lane wrote.

Lane wrote a letter to Larimer County District Attorney Larry Abrahamson Monday about Alderden claiming Alderden is violating the statute regarding child protection information and asked the district attorney to take criminal action against the sheriff.

"Despite the fact the children are in no danger whatsoever, Sheriff Alderden continues to raise the specter of child protection concerns in his repeated statements to the media and has divulged that an investigation is on-going," Lane wrote.

The Larimer County Sheriff's Office put out a news release Monday afternoon saying their press information officers are unavailable to return calls or e-mails.

The news release also said investigators met with representatives from the DA's office and presented their case filings against Richard and Mayumi Heene.

If you have any news tips, please e-mail Deborah.Sherman@9NEWS.com.