New Mexico Judge Dismisses Child Sex Abuse Charges Against Actor Timothy Busfield
A New Mexico judge has dismissed criminal sexual contact charges against actor Timothy Busfield, citing prosecutorial misconduct in the grand jury process.
POLICY WIRE — Albuquerque, N.M. — A state district judge has dismissed a criminal indictment against actor Timothy Busfield, known for his roles in “West Wing” and Field of Dreams, citing significant prosecutorial misconduct and procedural errors that compromised the grand jury process.
Judge Joseph Montano issued the decision on Friday, granting a defense motion to toss the charges. Busfield has consistently maintained his innocence, characterizing the accusations as fabricated claims driven by revenge.
The legal dispute originated from Busfield’s time directing the television series “The Cleaning Lady” between 2022 and 2024. The parents of twin boys who were dismissed from the production alleged that the actor had inappropriately touched their children while on the Albuquerque set.
A January criminal complaint detailed allegations from an Albuquerque Police Department investigator, who noted that one boy claimed Busfield touched his private areas over his clothing at ages 7 and 8. The boy’s twin brother also alleged contact but did not provide specific details, stating he remained silent to avoid trouble.
Following his surrender to authorities, Busfield was released pending trial after a judge determined there was no history of criminal behavior or similar allegations in his background. A grand jury indictment was issued shortly thereafter, bypassing a preliminary evidentiary hearing.
Defense attorneys argued that the children initially told police no inappropriate contact occurred, suggesting the parents coached the boys to provide false statements after the children lost their roles on the show. In June, the defense filed a motion to dismiss, accusing prosecutors of ignoring a lack of evidence and creating procedural barriers to prevent grand jurors from hearing from specific witnesses.
During a September hearing, attorney Amanda Fayerberg presented audio recordings showing grand jurors requesting testimony from additional witnesses. Fayerberg argued that prosecutors misled the jurors by claiming subpoenas were required for witnesses who were already present and willing to testify, stating, The state engaged in egregious prosecutorial misconduct.
Bernalillo County District Attorney Greer Staley disputed these claims, arguing the defense failed to follow proper evidence submission protocols. Staley further alleged that Busfield attempted to improperly influence the grand jury during his three-hour testimony.
In transcripts from the proceedings, Busfield testified that the accusations had devastated his life and family, leading to the loss of his agency representation and work. Regarding the allegations of inappropriate contact, Busfield told jurors, “I’m saying that is absolutely one gazillion percent untrue. Never ever.”
Prosecutors have not yet indicated if they intend to seek a new indictment. Each count in the original case carried a potential six-year prison sentence with possible enhancements.
Reporting by Policy-Wire (PW)





