ALBUQUERQUE, N.M. — A New Mexico state judge on Friday dismissed the criminal indictment against actor and director Timothy Busfield, concluding that prosecutors acted improperly by preventing grand jurors from hearing testimony from key defense witnesses.
State District Judge Joseph Montano ruled that the prosecution failed to conduct the proceedings in a fair and impartial way, pointing out that prosecutors misinformed grand jurors about the legal standards required to call additional witnesses. According to court records cited by Variety, approximately eight potential witnesses were present in the hallway and prepared to testify, but were never summoned inside.
Flaws in Grand Jury Proceedings
Busfield, widely recognized for his roles in “thirtysomething” and “The West Wing,” was indicted early this year on criminal sexual contact charges stemming from his work directing the Fox television series “The Cleaning Lady” in Albuquerque. The allegations involved claims made by the parents of twin child actors who had been let go from the production.
Montano wrote in his order that the prosecutor gave an incomplete explanation regarding subpoenas and established procedures that kept requested witnesses away from the panel. The judge ruled that those actions violated statutes crafted to maintain the structural integrity of the grand jury system, creating a presumption of prejudice against the defense, according to court documents obtained by Deadline and TheWrap.
During a hearing in September, defense attorney Amanda Fayerberg played audio recordings demonstrating that grand jurors asked three separate times to hear from other people. Prosecutors told the panel that issuing subpoenas would require an agreement from at least eight jurors and necessitate a return on a later date, conditions that the judge found did not exist under state law.
Defense Maintained Innocence
Busfield consistently denied any wrongdoing, describing the allegations as fabricated retaliation by the children’s parents after the young actors lost their roles on the show. Transcripts showed Busfield testified for three hours before the grand jury, insisting under oath that he had never touched the boys inappropriately and stating that the case had devastated his career and personal life.
According to Variety, Busfield also passed a polygraph examination arranged by his legal team. Additionally, Warner Bros. Television conducted an internal probe following a complaint routed through the SAG-AFTRA union in late 2024, but that review could not substantiate the allegations, the outlet reported.
In a statement issued after the dismissal, defense attorney Amber Fayerberg stated that Busfield was relieved and grateful, adding that witnesses on set were ready to demonstrate his innocence if the matter proceeds further.
Uncertain Next Steps for Prosecution
Prosecutors had previously argued that each count carried a potential sentence of six years in state prison. Bernalillo County District Attorney Greer Staley had contended that the defense failed to adhere to the proper procedural steps for offering grand jury evidence and claimed Busfield had improperly attempted to direct jurors toward favorable testimony.
Following Friday’s ruling, a spokesperson for the Second Judicial District Attorney in Albuquerque stated that the office is reviewing the dismissal order to evaluate options. Prosecutors have not yet decided whether they will attempt to seek a new indictment from another grand jury.
