A New Mexico judge dismissed the criminal indictment against actor and director Timothy Busfield. The ruling cited prosecutorial misconduct and procedural errors that compromised the grand jury process. State District Judge Joseph Montano granted the defense motion to overturn the indictment, which had charged the 69-year-old producer with four counts of criminal s*xual contact with a minor.
Judge Montano found that prosecutors failed to act fairly and impartially during the proceedings. According to court documents, the state failed to properly instruct the grand jury on the law regarding calling witnesses. The state also used procedures that effectively withheld requested witnesses from testifying.
Details of the Grand Jury Decision
The case stems from allegations involving twin boys. Their parents accused Busfield of inappropriate contact while working on the Fox television drama The Cleaning Lady in Albuquerque between late 2022 and early 2024. Busfield, known for his roles in The West Wing, Thirtysomething, and Field of Dreams, has consistently denied all allegations. He described them as false claims motivated by revenge after the boys were dismissed from the production.
During a September hearing, defense attorney Amanda Fayerberg played audio recordings of grand jurors. The jurors explicitly asked to hear from additional witnesses who were present in the hallway and willing to testify. Transcripts showed prosecutors informed the jury that formal subpoenas were necessary. Judge Montano determined this move violated grand jury statutes designed to protect the structural integrity of the justice system.
“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,” Judge Montano wrote in his ruling.
Legal Standing and Next Steps
While the decision throws out the current grand jury indictment, it does not constitute an acquittal. It also does not prevent the state from pursuing further legal action. The Bernalillo County District Attorney’s Office stated it has received the decision and is currently evaluating its options before deciding whether to seek a new indictment.
Defense counsel Amber Fayerberg expressed relief regarding the court’s decision. She emphasized that eyewitnesses present during the production remain prepared to testify to Busfield’s innocence if new charges are filed.
Key Case Facts
- Defendant: Timothy Busfield, 69, actor and director.
- Charges: Four counts of criminal s*xual contact of a minor.
- Jurisdiction: Second Judicial District Court, Bernalillo County, New Mexico.
- Presiding Judge: State District Judge Joseph Montano.
- Production Context: Fox television series The Cleaning Lady filmed in Albuquerque.
The legal proceedings remain active as prosecutors weigh their next steps following the dismissal.
