Judge Dismisses Timothy Busfield Indictment, Citing Prosecutor Misconduct

A New Mexico judge on Friday threw out the grand jury indictment against actor and director Timothy Busfield, ruling that prosecutors mishandled the grand jury process in a way that kept witnesses jurors wanted to hear from testifying.

District Judge Joseph Montano granted Busfield's motion to dismiss the indictment on four counts of criminal sexual contact of a minor. In his ruling, Montano said the prosecutor had not acted in a fair and impartial manner. He said the prosecutor failed to instruct jurors correctly on the law for calling witnesses and instead gave them a procedure that had the effect of withholding witnesses the grand jury had asked for.

Busfield, 69, is known for The West Wing and Field of Dreams. He has denied the allegations from the start. His attorney Amanda Fayerberg said on Friday that he was relieved and grateful after reading the decision.

What the judge found

Grand jurors asked to hear from more witnesses on at least three occasions, according to the ruling. One witness they named, Alan Caudillo, was available to appear. Prosecutors told jurors that a subpoena and 36 hours of notice would be needed, and that eight jurors first had to agree a witness was necessary before all 12 could agree to return.

The ruling said that procedure is not provided for by rule or statute. It also said prosecutors did not tell jurors that a judge could allow a shorter notice period, or that willing witnesses could testify without a subpoena at all. After those instructions, jurors made no more requests. At a hearing on September 25, the prosecutor offered no explanation for the instructions, the ruling said.

The court found the proceedings violated grand jury statutes meant to protect the system, and that prejudice should be presumed. The dismissal is not an acquittal. Montano wrote that the state remains free to start new proceedings against Busfield.

The case so far

The allegations came from Busfield's work directing the Fox drama The Cleaning Lady in Albuquerque from 2022 to 2024. The parents of twin boy actors said he touched the children inappropriately on set. A complaint filed in January said one boy reported touching over his clothing at ages 7 and 8, and that his brother said he was also touched but stayed quiet.

Albuquerque police issued a warrant on January 9. Busfield turned himself in on January 13, pleaded not guilty, and was released. A judge who released him found no pattern of similar allegations involving children in his past. A Bernalillo County grand jury indicted him on February 5 on four counts, each carrying a possible six years in prison.

Busfield's lawyers filed the dismissal motion on June 15, arguing prosecutors invented hurdles to keep favorable witnesses away from jurors. At the September hearing, Fayerberg played recordings of jurors asking for more witnesses and said eight witnesses had been present and willing to testify that day.

District Attorney Greer Staley argued the defense had not followed the right process for putting evidence before a grand jury, and said Busfield tried too hard to steer jurors during his three hours of testimony. Busfield told jurors the case had cost him work and his agency, and denied the allegations completely.

What happens next

The Bernalillo County District Attorney's Office said it had received the order and was evaluating its options. Prosecutors told CNN they had not yet decided whether to seek another indictment. Fayerberg said that if the state tries again, Busfield and the witnesses are ready. His trial had been set to start in May 2027.