A New Mexico district judge on Friday dismissed an indictment against Emmy-winning actor and director Timothy Busfield, ruling that prosecutors committed misconduct during grand jury proceedings. Busfield had faced four felony counts of criminal sexual contact with a minor, charges that he has consistently denied.
State District Judge Joseph Montano ruled that prosecutors failed to conduct grand jury hearings in a neutral manner. According to court filings cited by the Albuquerque Journal, grand jurors sought three separate times to hear from potential defense witnesses who were waiting in the hallway, but the state prevented them from testifying. Only Busfield and an investigating detective were permitted to give testimony.
“The prosecuting attorney failed to act in a fair and impartial manner, including the failure to properly instruct the grand jury on the law for calling witnesses and in instructing the grand jurors on a procedure that effectively withheld requested witnesses,” Montano wrote in his order.
Montano ruled that the procedural errors violated state statutes meant to preserve the integrity of the grand jury system. The dismissal does not clear Busfield of future prosecution, however, and the judge noted that the state is permitted to file new charges.
Gilbert reacts with movie quote
Following the dismissal, Busfield’s wife, actress Melissa Gilbert, shared a line from the 1971 movie “Willy Wonka & the Chocolate Factory” on Instagram. “So shines a good deed in a weary world,” the post read, citing a passage originally adapted from William Shakespeare’s “The Merchant of Venice.” The “Little House on the Prairie” star also linked to a news article detailing the judge’s decision.
Gilbert, 62, has strongly defended her husband throughout the case. During an appearance on “Good Morning America” in April, she said she was “100% confident he will be exonerated” and described the 69-year-old as an honorable person. Busfield’s attorney, identified as Amanda Fayerberg by the New York Post and as Amber Fayerberg by the Albuquerque Journal, said the actor was “relieved and grateful” upon hearing that the indictment was quashed, adding to the Journal that he was moved to tears.
Disputed allegations on set
The charges against Busfield, known for roles in “thirtysomething” and “The West Wing,” arose from his time directing and producing the television series “The Cleaning Lady” in Albuquerque. The parents of young actors who worked on the production alleged that Busfield inappropriately touched their children between late 2022 and early 2024.
News accounts diverged regarding the children involved. While the New York Post, OK! Magazine, and the Albuquerque Journal reported that the accusations involved twin boys who were seven and eight years old at the time, TheWrap reported the case concerned two 11-year-olds. News outlets also conflicted on Busfield’s initial detention after he surrendered to authorities on Jan. 13; OK! Magazine reported he was held without bail, while the New York Post reported he was released pending trial.
During a grand jury appearance, Busfield disputed the allegations entirely, stating they were “absolutely one gazillion percent untrue.” His defense team argued that the children’s parents fabricated claims after the boys were let go from the show, and attorneys asserted that prosecutors blocked key exculpatory evidence.
What happens next
Bernalillo County prosecutors have not decided whether they will attempt to seek a new indictment against Busfield. Nancy Laflin, a spokesperson for the 2nd Judicial District Attorney’s Office, told reporters that prosecutors have received the judge’s dismissal order and are currently evaluating legal options to determine how to proceed.
