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A New Mexico judge dismissed the indictment against actor Timothy Busfield, citing prosecutorial misconduct. The ruling allows prosecutors to file new criminal proceedings against the defendant.
A New Mexico judge on Friday dismissed the indictment against actor and director Timothy Busfield, who had been charged with criminal sexual contact of a child. District Court Judge Joseph Montano granted Busfield's motion to throw out the grand jury indictment, stating that the prosecution failed to meet legal standards during the grand jury process.
Judge Montano cited specific procedural errors by the state in his ruling. According to the Los Angeles Times, the judge wrote that "the prosecuting attorney failed to act in a fair and impartial manner" and that the proceedings "were conducted in a manner that violated grand jury statutes designed to protect the structural integrity of our grand jury system."
Just Jared reported that the judge claimed prosecutors misrepresented the admissibility of lie detector evidence to the grand jury. Additionally, the judge noted that the state did not call certain witnesses after the grand jury asked to hear from them. Busfield’s legal team had argued in a June motion that "The State treated the grand jury not as an independent body, but as the arm of the prosecution our courts have forbidden."
Busfield, 69, was indicted by a grand jury in February on four counts of criminal sexual contact of a child. The charges stemmed from allegations that he inappropriately touched two young cast members, who are twin boys, while directing the Fox TV drama "The Cleaning Lady" in Albuquerque, New Mexico.
According to an affidavit filed by New Mexico officials, one child actor alleged that Busfield first touched his "private areas" multiple times on set when he was 7 years old, and again when he was 8. The affidavit also detailed a police interview in which Busfield suggested the boys’ mother might have sought "revenge" on the director for "not bringing her kids back for the final season." Busfield has pleaded not guilty and has steadfastly professed his innocence, calling the allegations "lies."
Despite the dismissal, the legal case is not necessarily over. The court filing states, "The State, however, remains free to institute new criminal proceedings against Defendant." A spokesperson for the Bernalillo County District Attorney’s Office told the Los Angeles Times that prosecutors are "evaluating our options to determine how we will proceed."
Before the dismissal, a jury trial was scheduled to begin May 10, 2027. Busfield had been released from custody in January after turning himself in following an arrest warrant. His attorney has previously described the case as "fundamentally unsound" and claimed it "cannot be proven at trial."
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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