A New Mexico judge has dismissed an indictment against actor and director Timothy Busfield involving allegations of criminal sexual contact with a minor, pointing to prosecutorial overreach and procedural flaws that compromised the grand jury’s function in a ruling issued on Friday.
Grand Jury Dismissal and Prosecutorial Misconduct Findings
State District Judge Joseph Montano granted a defense motion to toss the charges, dismissing an indictment that had accused Busfield of four counts of criminal sexual contact of a minor. In a court filing, the judge found that the prosecution failed to act in a fair and impartial manner during the proceedings.
Judge tosses charges against Timothy Busfield, finding prosecutors withheld evidence from grand jury https://t.co/tW0DhvibUf
The ruling pointed directly to failures in instructing the grand jury on the law for calling witnesses and utilizing procedures that effectively withheld requested testimony. According to the court order, these actions violated statutes designed to protect the structural integrity of the grand jury system, invoking the presumption of prejudice. The only witnesses who appeared before the grand jury were Detective Marvin Brown and Busfield. Busfield’s defense lawyers moved to have the charges dropped, contending that the state had abandoned its duty to uphold justice by intentionally ignoring the absence of proof and fabricating bureaucratic obstacles to prevent grand jurors from hearing from potential witnesses. Stanton “Larry” Stein, Busfield’s civil attorney, alleged at the time that the state had obstructed and hidden exonerating information, provided inaccurate legal guidance, and failed to meet fundamental due process standards. In a statement, Fayerberg stated that she was relieved and grateful after reading the decision.
Set Origins and Defense Allegations of Coaching
The legal battle stems from Busfield’s work directing the television series The Cleaning Lady in Albuquerque, New Mexico, between 2022 and 2024. The case originated when the parents of two twin boys, who were let go from the show, claimed the actor inappropriately touched the children on set. According to a criminal complaint detailed by an Albuquerque Police Department investigator, one of the boys alleged that his private areas were touched over his clothing once at age 7 and again when he was 8. The boy’s twin brother told authorities he was also touched by Busfield, but did not specify where and did not say anything because he wanted to avoid trouble. The accusations came to light after a call was placed to police by a University of New Mexico physician who examined the boys and alerted authorities to allegations of abuse.
Legal Standing and Future Options for District Attorney
While the current indictment is dismissed, the legal exposure has not vanished entirely. The court’s order explicitly noted that the state remains free to institute new criminal proceedings against the defendant.
Meanwhile, Busfield’s legal team signaled readiness for any subsequent steps, maintaining his innocence as the case concludes its initial chapter.