ALBUQUERQUE, N.M. (AP) — A New Mexico judge has dismissed indictment against ‘West Wing’ and ‘Field of Dreams’ actor Timothy Busfield which accused him of criminal sexual contact with a child, citing prosecutorial misconduct and errors that undermined the grand jury process.
State District Judge Joseph Montano granted a defense motion to drop the charges in a ruling released Friday.
Busfield has repeatedly denied the allegations, describing them as lies motivated by revenge. In an email sent Friday, Busfield’s attorney, Amanda Fayerberg, said she was “relieved and grateful” after reading the judge’s decision.
Prosecutors said Friday they had not yet decided whether to pursue another charge.
The case dates back to Busfield’s time directing the television series “The Cleaning Lady” from 2022 to 2024. The parents of two twins who were fired from the show claimed Busfield touched the children inappropriately on the Albuquerque set.
According to a criminal complaint filed in January, an investigator with the Albuquerque Police Department said a boy reported that Busfield touched him on his private parts over his clothing on one occasion when he was 7 and another time when he was 8. The boy’s twin brother told authorities he was also touched by Busfield, but he did not specify where and did not say anything because he did not want to get in trouble, the complaint states.
Busfield surrendered and was released from prison while awaiting trial by a judge who found no pattern of criminal conduct or similar allegations involving children in Busfield’s past.
The grand jury indictment followed a few weeks later, reiterating allegations that Busfield “touched or applied force to the private parts” of one of the boys on several occasions. The indictment allowed the case to proceed without a preliminary evidentiary hearing.
Busfield’s lawyers noted that the children told police in initial interviews that Busfield did not touch them inappropriately and accused the boys’ parents of coaching their children to make incriminating statements after the boys lost lucrative roles on the show.
In June, Busfield’s lawyers formally asked the court to dismiss the indictment, alleging in a motion that prosecutors were “willfully blind to the lack of evidence” and “invented procedural obstacles” to prevent grand jurors from hearing testimony.
At a hearing in September, Fayerberg played audio recordings of the grand jurors asking to hear from additional witnesses. She said prosecutors incorrectly informed jurors that subpoenas would be necessary, even though those witnesses were “present, available and willing to testify.”
“The state engaged in egregious prosecutorial misconduct,” Fayerberg said.
Bernalillo County Prosecutor Greer Staley countered that the defense failed to follow the correct process for submitting evidence to a grand jury and that Busfield himself inappropriately and “excessively” attempted to steer grand jurors toward favorable witnesses and exhibits during his three-hour testimony.
According to court transcripts submitted by Busfield’s lawyers, the actor also known for his appearances on “Thirtysomething” told jurors the case had turned his life upside down and affected his entire family. He testified that he was “canceled,” meaning he lost his job and was fired by his agency.
Busfield also testified that he had nothing to hide and when asked about the allegations that he fondled the children, he responded, “I say that’s absolutely a billion percent false. Never.”
Prosecutors had said each count carried a possible sentence of six years in prison, which could be enhanced.
“We know this may not be the end,” Fayerberg said. “If the State decides to try again, Tim is ready, as are these witnesses.”
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