A New Mexico judge dismissed an indictment against actor Timothy Busfield, citing prosecutorial misconduct and errors in the grand jury process. Prosecutors have not yet decided whether to pursue new charges.
A New Mexico judge has dismissed an indictment against actor Timothy Busfield, who had been charged with criminal sexual contact with a child. State District Judge Joseph Montano granted a defense motion to toss the charges in a decision released Friday, citing prosecutorial misconduct and errors that undermined the grand jury process.
Judge Montano ruled that the proceedings were flawed. According to the order, "the prosecuting attorney failed to act in a fair and impartial manner" and the proceedings "were conducted in a manner that violated grand jury statutes designed to protect the structural integrity of our grand jury system."
Busfield’s attorney, identified as Amanda Fayerberg by AP News and Amber Fayerberg by Court TV, argued that prosecutors blocked the grand jury from hearing witness testimony. During a September hearing, the attorney played audio recordings of grand jurors asking to hear from additional witnesses. She stated that prosecutors wrongly informed jurors that subpoenas would be needed, even though those witnesses were "present, available and willing to testify."
"The state engaged in egregious prosecutorial misconduct," Fayerberg said.
The case stemmed from Busfield’s time directing the TV series "The Cleaning Lady" from 2022 to 2024. The parents of two twin boys who were let go from the show claimed that Busfield inappropriately touched the children on the set in Albuquerque.
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 areas over his clothing on one occasion when he was 7 years old 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 didn’t say anything because he didn’t want to get in trouble, the complaint said.
Busfield, who has repeatedly denied the allegations, turned himself in and was released from jail pending trial. A judge found no pattern of criminal conduct or similar allegations involving children in Busfield’s past.
Busfield’s attorneys noted that the children told police during initial interviews that Busfield didn’t touch them inappropriately. They accused the boys’ parents of coaching their children to give incriminating statements after the boys lost lucrative roles on the show.
In his testimony to the grand jury, Busfield stated, "I’m saying that is absolutely one gazillion percent untrue. Never ever." He also testified that he had been "canceled," meaning he lost work and was fired by his agency.
Bernalillo County District Attorney Greer Staley countered that the defense hadn’t followed the correct process for submitting evidence to a grand jury. Staley argued that Busfield himself improperly and "excessively" tried to steer grand jurors toward favorable witnesses and exhibits during his three-hour testimony.
The dismissal highlights the strict procedural requirements for grand jury proceedings in New Mexico. While the charges have been dropped, the case is not necessarily closed. Prosecutors said Friday they had not yet decided whether to pursue another indictment. Judge Montano’s order notes that the state "remains free to institute new criminal proceedings against" Busfield, as long as they comply with the rules.
"We know this may not be the end," Fayerberg said. "If the State chooses to try again, Tim is ready, and so are those witnesses."
Sources
This article was drafted with AI assistance and checked against the sources above. Company claims are reported as claims. Cover image is AI-generated.
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