A New Mexico judge on Friday ruled in favor of Emmy winner Timothy Busfield, tossing out multiple child sex abuse charges against the actor.
During a hearing, Judge Joseph A. Montano granted Busfield’s motion to dismiss his indictment, citing prosecutorial misconduct and errors that undermined the grand jury process. According to the order, “the prosecuting attorney failed to act in a fair and impartial manner” and proceedings thus far “were conducted in a manner that violated grand jury statutes designed to protect the structural integrity of our grand jury system.”
State prosecutors had indicted Busfield in February and charged him with four counts of criminal sexual contact of a child. The since-dismissed charges stemmed from his alleged behavior with two actors, who are brothers, on the set of the Fox crime drama “The Cleaning Lady.” The actor, known for “The West Wing” and “Thirtysomething,” has pleaded not guilty to those charges.
“Tim said from the beginning that he was innocent,” attorney Larry Stein said in a statement to The Times. “That he would fight to prove his innocence. And he did.”
A spokesperson for the Bernalillo County district attorney’s office told The Times on Friday prosecutors are “evaluating our options to determine how we will proceed.”
A New Mexico judge issued a warrant for Busfield’s arrest in January, citing two counts of criminal sexual contact with a minor and a single count of child abuse. Busfield was accused of inappropriately touching the child actors during his time as an actor, director and producer on “The Cleaning Lady,” according to an affidavit filed by New Mexico officials.
One child actor alleged Busfield first touched his “private areas” multiple times on set when he was 7 years old, according to the complaint. He said that Busfield touched him inappropriately again several times when he was 8. The affidavit also detailed a police interview with Busfield in which he suggested that the boys’ mother might have sought “revenge” on the director for “not bringing her kids back for the final season.”
Busfield filed his motion to quash the indictment in June, alleging the court refused to provide members of the grand jury with additional information and that prosecutors refused to allow jury members to hear from other witnesses, among other claims, according to court documents.
“The State treated the grand jury not as an independent body, but as the arm of the prosecution our courts have forbidden,” the motion says. “The resulting indictment must be dismissed.” Prosecutors rebutted Busfield’s allegations in a response to the dismissal and asked the court to deny his motion.
Before Friday’s order, a jury trial was scheduled to begin May 10, 2027.
