Culture 5 min read By Lauren Baxter
New Mexico Judge Dismisses Indictment Against Actor Timothy Busfield Over Prosecutor Misconduct
A New Mexico judge has thrown out a grand jury indictment accusing actor Timothy Busfield of criminal sexual contact with a child, citing prosecutorial misconduct that undermined the grand jury process. Prosecutors are reviewing the decision and may seek another indictment.
A New Mexico state district judge has dismissed a grand jury indictment against actor Timothy Busfield that accused him of criminal sexual contact with a child, finding that prosecutors committed misconduct and made errors that undermined the grand jury process. Judge Joseph Montano granted a defense motion to toss the charges in a decision released Friday.
Busfield, known for his roles in «The West Wing,» «Field of Dreams,» and «Thirtysomething,» has repeatedly denied the allegations, calling them lies motivated by revenge. Prosecutors said Friday they were reviewing the decision and had not yet decided whether to pursue another indictment. The case stems from Busfield's time directing the Fox television series «The Cleaning Lady» from 2022 to 2024.
The parents of twin boys who were let go from the show claimed that Busfield inappropriately touched the children on the set in Albuquerque. According to a criminal complaint filed in January, an investigator with the Albuquerque Police Department said one boy reported that Busfield touched him on his private areas over his clothing on one occasion when he was 7 years old and another time when he was 8. The boy's twin brother told authorities he was also touched by Busfield, but he did not specify where and said he didn't say anything because he didn't want to get in trouble, the complaint said.
Busfield turned himself in and was released from jail pending trial by a judge who found no pattern of criminal conduct or similar allegations involving children in his past. The grand jury indictment followed just weeks later, reiterating allegations that Busfield «touched or applied force to the intimate parts» of one of the boys on several occasions. The indictment allowed the case to proceed without a preliminary hearing on evidence.
Busfield's attorneys noted that the children told police during initial interviews that Busfield didn't touch them inappropriately and accused the boys' parents of coaching their children to give incriminating statements after the boys lost lucrative roles on the show. In June, Busfield's attorneys officially asked the court to throw out the indictment, alleging in a motion that prosecutors were «willfully blind to the lack of evidence» and «invented procedural hurdles» to keep grand jurors from hearing witness testimony.
During a September hearing, Busfield's attorney Amanda Fayerberg played audio recordings of grand jurors asking to hear from additional witnesses. Fayerberg said prosecutors wrongly informed jurors that subpoenas would be needed, even though those witnesses were «present, available and willing to testify.» She argued that the state engaged in egregious prosecutorial misconduct. Bernalillo County District Attorney Greer Staley countered that the defense hadn't followed the correct process for submitting evidence to a grand jury and that Busfield himself improperly and «excessively» tried to steer grand jurors toward favorable witnesses and exhibits during his three-hour testimony.
According to transcripts of the proceedings submitted by Busfield's attorneys, the actor told jurors that the case had turned his life upside down and affected his entire family. He testified that he had been «canceled,» meaning he lost work and was fired by his agency. Busfield also testified that he had nothing to hide and when asked about the allegations that he had caressed the children, he answered: «I'm saying that is absolutely one gazillion percent untrue. Never ever.»
Prosecutors had said each count in the indictment carried a possible penalty of six years in prison that could be enhanced. The dismissal marks a significant development in a case that has drawn attention in both the entertainment industry and the broader public, raising questions about the handling of high-profile allegations and the grand jury process. Busfield's legal team has maintained that the charges were unfounded from the start, while prosecutors have not ruled out seeking a new indictment.
3
