A New Mexico judge on Friday dismissed all child sex abuse charges against actor and director Timothy Busfield, ruling that prosecutors engaged in misconduct that undermined the grand jury process. Second Judicial District Court Judge Joseph Montano granted Busfield’s motion to throw out the indictment, which had accused him of four counts of criminal sexual contact with a minor. The decision leaves open the possibility that state prosecutors could pursue new charges, though they have not yet indicated whether they will do so.
Judge cites prosecutorial misconduct in dismissal
In his ruling, Judge Montano found that prosecutors failed to act fairly and impartially, including by improperly withholding witnesses from the grand jury. The judge stated that the proceedings violated grand jury statutes designed to protect the integrity of the system, applying a presumption of prejudice. Busfield’s legal team argued that prosecutors refused to allow key witnesses—who were present and ready to testify—to appear before the grand jury. Busfield’s attorney, Amber Fayerberg, said in a statement that the court recognized the violation of grand jury laws meant to protect the justice system’s integrity.
Prosecutors from the Bernalillo County District Attorney’s Office have not yet announced whether they will seek a new indictment. A spokesperson for the office stated they are evaluating their options before determining next steps.
Case stems from allegations on 'The Cleaning Lady' set
The dismissed charges originated from claims made by the parents of twin boys who were dismissed from the Fox crime drama The Cleaning Lady, which Busfield directed from 2022 to 2024. According to a criminal complaint filed in January, one of the boys alleged that Busfield touched his private areas over his clothing on two separate occasions when the child was between the ages of 7 and 8. The boy’s twin brother reportedly told investigators he was also touched but did not specify where or provide further details. The complaint did not include statements from Busfield.
Busfield has consistently denied the allegations, calling them false and motivated by revenge after he terminated the boys from the show. His attorney reiterated this position, stating that the witnesses who could confirm his innocence were blocked from testifying. Busfield, known for his roles in The West Wing and Thirtysomething, turned himself in to authorities in January following the issuance of an arrest warrant. He was released after the charges were dismissed on Friday.
Legal and professional implications remain unresolved
While the indictment has been dismissed, the case’s dismissal does not constitute a finding of innocence. The ruling solely addresses procedural errors by prosecutors rather than the merits of the allegations. The Bernalillo County District Attorney’s Office retains the discretion to present new evidence to a grand jury or pursue alternative legal avenues. Busfield’s legal team has not indicated whether additional motions or appeals will be filed.
The actor, who is married to actress Melissa Gilbert, has not publicly commented beyond his legal team’s statements. His representatives did not respond to requests for further comment following the dismissal.