A New Mexico judge threw out an indictment accusing actor Timothy Busfield of criminal sexual contact with a child, faulting prosecutors for misconduct that tainted the grand jury.
State District Judge Joseph Montano granted the defense motion in a decision released Friday, ending the case for now against the “West Wing” and “Field of Dreams” star. Busfield, 67, has repeatedly denied the allegations, describing them as lies motivated by revenge.
The charges stemmed from Busfield’s time directing the TV series “The Cleaning Lady” in Albuquerque from 2022 to 2024. The parents of twin boys who were let go from the show claimed he inappropriately touched the children on set. According to a January criminal complaint, one boy told an Albuquerque Police Department investigator that Busfield touched him on his private areas over his clothing when he was 7 and again when he was 8. The twin brother told authorities he was also touched but did not specify where and stayed silent because he didn’t want to get in trouble.
Busfield turned himself in after the complaint and was released 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 weeks later, alleging Busfield “touched or applied force to the intimate parts” of one boy on several occasions and allowing the case to bypass a preliminary hearing on evidence.
His attorneys flagged inconsistencies in the children’s accounts. They noted that during initial police interviews, both boys said Busfield did not touch them inappropriately, and accused the parents of coaching incriminating statements after the children lost lucrative roles.
In June, defense attorneys formally moved to dismiss the indictment. Their motion alleged prosecutors were “willfully blind to the lack of evidence” and “invented procedural hurdles” to block grand jurors from hearing witness testimony.
“The state engaged in egregious prosecutorial misconduct,” attorney Amanda Fayerberg said.
At a September hearing, Fayerberg played audio recordings of grand jurors requesting additional witnesses. She said prosecutors wrongly told jurors subpoenas would be needed, even though those witnesses were “present, available and willing to testify.”
Bernalillo County District Attorney Greer Staley pushed back, arguing the defense failed to follow correct procedures for submitting evidence to the grand jury. Staley also contended Busfield improperly and “excessively” tried to steer grand jurors toward favorable witnesses and exhibits during his three-hour testimony.
Transcripts submitted by the defense show Busfield told jurors the case had turned his life upside down and affected his entire family. He testified he had been “canceled,” losing work and getting fired by his agency.
“I have nothing to hide,” he told the grand jury, according to the transcripts. “I’m saying that is absolutely one gazillion percent untrue. Never ever.”
Each count in the indictment carried a possible penalty of six years in prison that could be enhanced. Prosecutors said Friday they were reviewing Montano’s decision and had not yet decided whether to pursue another indictment.