A New Mexico judge has dismissed an indictment accusing actor Timothy Busfield of criminal sexual contact with a child, ruling that prosecutorial misconduct and procedural errors undermined the grand jury process.
State District Judge Joseph Montano granted the defense’s motion to dismiss 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.
Busfield’s attorney, Amber Fayerberg, said Friday that her client was “relieved and grateful” after reviewing the decision. Prosecutors said they had not yet decided whether to pursue another indictment.
The case stems from Busfield’s time directing the television series The Cleaning Lady in Albuquerque between 2022 and 2024. The parents of twin boys who were dismissed from the production alleged that Busfield inappropriately touched the children while they were working on the show.
According to a criminal complaint filed in January, an Albuquerque Police Department investigator said one boy reported that Busfield touched his private areas over his clothing on two occasions, when the child was 7 and 8 years old. The boy’s twin brother also told authorities that Busfield had touched him, but did not specify where and said he had remained silent because he did not want to get in trouble.
Busfield turned himself in and was released pending trial after a judge found no established pattern of criminal conduct or similar allegations involving children in his past. A grand jury returned an indictment weeks later, alleging that he had touched or applied force to one boy’s intimate parts on multiple occasions. The indictment allowed the case to proceed without a preliminary hearing.
Busfield’s defense argued that the children initially told police that he had not touched them inappropriately. His attorneys also accused the boys’ parents of coaching them to make incriminating statements after the children lost their roles on the show. Those assertions were defense allegations, not established findings about the children’s accounts.
In June, Fayerberg asked the court to dismiss the indictment, accusing prosecutors of being “willfully blind to the lack of evidence” and creating procedural obstacles that prevented grand jurors from hearing important testimony.
During a September hearing, Fayerberg played audio recordings of grand jurors asking to hear from additional witnesses. She argued that prosecutors wrongly told jurors subpoenas would be required, even though the witnesses were “present, available, and willing to testify.”
“The state engaged in egregious prosecutorial misconduct,” Fayerberg said.
Bernalillo County District Attorney Greer Staley disputed the defense’s account, arguing that Busfield’s attorneys had failed to follow the proper process for presenting evidence to the grand jury. Staley also accused Busfield of improperly and “excessively” attempting to steer jurors toward favorable witnesses and exhibits during his three-hour testimony.
According to transcripts submitted by the defense, Busfield told jurors that the case had upended his life and affected his family. He testified that he had been “canceled,” losing work and being dropped by his agency. Asked about the allegations that he had caressed the children, Busfield responded: “I’m saying that is absolutely one gazillion percent untrue. Never ever.”
Prosecutors had said each count carried a potential six-year prison sentence, with the possibility of enhanced penalties. The dismissal ends the current indictment, but does not necessarily prevent prosecutors from seeking new charges.
“We know this may not be the end,” Fayerberg said, adding that Busfield and his witnesses were prepared if the state decided to try again.
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