New Mexico Judge Dismisses Timothy Busfield Child Sex Abuse Indictment, Citing Grand Jury Violations
By SCN NEWS
ALBUQUERQUE— A New Mexico judge dismissed child sexual abuse charges against American actor and director Timothy Busfield on Friday, ruling that prosecutors failed to conduct grand jury proceedings fairly and improperly prevented jurors from hearing witnesses they had requested, a decision that ends the current indictment but leaves open the possibility of renewed criminal proceedings.
State District Judge Joseph Montano granted a defense motion to dismiss the four-count indictment against Busfield, 69, who is known for his performances in the television drama "The West Wing" and the film "Field of Dreams." The ruling represents a significant legal victory for the actor, who has consistently denied allegations that he engaged in inappropriate sexual contact with two young boys working on a television production in Albuquerque.
The judge's decision focused on the conduct of prosecutors during the grand jury proceedings rather than determining whether the underlying allegations were true or false. Montano found that the prosecution failed to act impartially and gave jurors incorrect instructions about how they could obtain testimony from additional witnesses. The procedural failures compromised the integrity of the process used to secure the indictment, according to the ruling.
The allegations arose during the production of the Fox television drama "The Cleaning Lady," on which Busfield worked as a director and producer between 2022 and 2024. Parents of twin boys who appeared in the series accused him of inappropriate touching while the children were working on the Albuquerque set. According to a criminal complaint filed in January, investigators documented allegations of contact involving the boys when they were approximately seven and eight years old.
Busfield surrendered to authorities in January and was subsequently released pending trial. A grand jury indicted him in February on four counts of criminal sexual contact with a minor. The charges exposed him to substantial potential prison time if convicted, while his attorneys maintained that the accusations were false and that the evidence presented to jurors was incomplete.
The defense challenged the indictment in June, arguing that prosecutors had prevented the grand jury from examining evidence and hearing witnesses who could provide information favorable to Busfield. During a September hearing, defense attorneys presented recordings indicating that grand jurors had repeatedly asked to hear from additional witnesses. Those individuals were available to testify, the defense argued, but prosecutors imposed procedural obstacles that kept them from appearing.
Montano concluded that prosecutors had incorrectly instructed jurors about the requirements for calling witnesses, including suggesting that at least eight grand jurors needed to agree before testimony could be requested. The judge determined that these instructions effectively allowed the prosecution to block testimony sought by the grand jury, undermining the independence of the proceedings and the safeguards designed to protect defendants against unfair indictments.
The district attorney's office disputed the defense's characterization of the proceedings. Prosecutors argued that Busfield's legal team had not followed the proper procedures for submitting evidence and maintained that the actor had attempted to steer jurors toward testimony favorable to his case during his own lengthy appearance before the grand jury. The court nevertheless found sufficient procedural violations to dismiss the indictment.
Busfield's attorney, Amber Fayerberg, welcomed Friday's ruling, saying her client was relieved by the outcome. The defense maintains that witnesses who worked on the television set could challenge the allegations and should have been permitted to testify before the grand jury. Busfield has repeatedly rejected the accusations, arguing that they were motivated by retaliation following the children's departure from the production.
The Second Judicial District Attorney's Office said it was reviewing the ruling and considering its options. Prosecutors have not announced whether they will seek a fresh indictment, meaning the case could return to court if authorities decide to present the allegations through a new legal process.
The dismissal is not an acquittal following a criminal trial and does not constitute a judicial finding that the alleged incidents did not occur. Instead, it invalidates the indictment because the process used to obtain it failed to meet legal requirements. Any renewed prosecution would need to proceed under applicable New Mexico law and comply with the procedural protections identified by the court.
Busfield, an Emmy-winning performer whose career spans television, film and directing, has said the allegations damaged his professional standing and affected his family. During the grand jury proceedings, he described losing work and representation as a consequence of the accusations. His legal team has indicated that he is prepared to contest any renewed charges.
Friday's decision places the next move with New Mexico prosecutors while drawing attention to the obligation of grand jury prosecutors to act fairly, present the law accurately and respect jurors' authority to request relevant testimony. For Busfield, the immediate criminal indictment has been dismissed; whether the allegations will be brought before another grand jury remains unresolved.