Timothy Busfield child sexual abuse case: New Mexico judge dismisses indictment over grand jury errors

The West Wing actor Timothy Busfield has received some relief after a New Mexico judge dismissed the criminal indictment against him. It was ruled that errors in the prosecution's handling of grand jury proceedings compromised the process.

State District Judge Joseph Montano issued the decision on Friday, October 16, after granting a defence motion seeking to have the charges thrown out. The ruling revolves around how prosecutors handled requests from grand jurors to hear testimony from additional witnesses.

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The 69-year-old actor was indicted in February on four counts of criminal sexual contact of a child in connection with allegations involving twin boys who appeared on the Fox television series The Cleaning Lady. The actor, who worked on the show as a director and producer, has consistently denied the accusations.

Why were the charges dismissed against Busfield?

In his ruling, Montano criticised the prosecution's conduct during the grand jury proceedings, finding that jurors had not been properly informed about the procedures for requesting witness testimony.

The judge said the prosecutor had failed to explain the relevant legal requirements correctly. According to the ruling, "The prosecuting attorney failed to act in a fair and impartial manner," Montano wrote, adding that the prosecutor's actions "had the practical effect of unilaterally withholding witnesses requested by the grand jurors."

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Busfield's legal team had challenged the indictment in June.

During a subsequent hearing, the defence presented recordings of grand jurors asking to hear from other witnesses. Busfield's lawyers argued that the prosecutor had incorrectly indicated that further procedural steps were necessary before those individuals could testify.

The prosecution disputed the defence's claims, maintaining that the process for presenting evidence to the grand jury had to be followed correctly.

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Montano ultimately concluded that the proceedings had violated rules intended to safeguard the integrity of the grand jury system. However, his decision does not prevent prosecutors from bringing a fresh case against the actor.

The Second Judicial District Attorney's Office in New Mexico has said, "Our office has received the order and is evaluating our options to determine how we will proceed."

It remains unclear whether prosecutors will seek a new indictment.

Busfield's attorney, Amanda Fayerberg, said the actor was relieved by the judge's decision.

Allegations against Timothy Busfield

The case is about accusations made by the parents of twin boys who worked as child actors on The Cleaning Lady, a television drama on which Busfield served as a director and producer between 2022 and 2024.

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According to a criminal complaint filed in January, the allegations involved incidents said to have occurred when the children were seven and eight years old. The accusations prompted an investigation by Albuquerque authorities.

Busfield surrendered to authorities in January after an arrest warrant was issued. He was subsequently released pending trial and later pleaded not guilty to the charges.

His lawyers have repeatedly rejected the allegations, arguing that the claims were motivated by resentment after the boys were not brought back for a later season of the show. The children's parents' allegations and the defence's response have formed part of the dispute surrounding the case.