State District Judge Joseph Montano has dismissed an indictment against Timothy Busfield, an actor widely known for his roles in “West Wing” and “Field of Dreams,” citing significant prosecutorial misconduct and procedural errors that compromised the integrity of the grand jury process. The ruling, released Friday, effectively halts the criminal case that had accused the actor of inappropriate contact with a child.
The allegations surfaced in connection to Busfield’s time directing the television series “The Cleaning Lady” in Albuquerque between 2022 and 2024. Parents of twin brothers who were released from the show claimed the actor inappropriately touched the children while on set. According to an Albuquerque Police Department criminal complaint filed in January, one child alleged that the actor touched his private areas over his clothing during separate incidents at ages 7 and 8. The brother reported being touched but provided few details, noting he remained silent to avoid trouble. But he did not specify where and didn’t say anything because he didn’t want to get in trouble, the complaint said, the boy’s twin brother told authorities he was also touched by Busfield. Reiterating allegations that Busfield “touched or applied force to the intimate parts” of one of the boys on several occasions, the grand jury indictment followed just weeks later.
Busfield has consistently maintained his innocence, labeling the accusations as revenge-driven fabrications. During his own testimony before the grand jury, which was included in transcripts submitted by his defense, Busfield emphatically denied the claims, calling them “one gazillion percent untrue.” He testified that the legal battle had effectively “canceled” his career, leading to lost employment and the termination of his agency contract, while taking a profound emotional toll on his family.
The defense team, led by attorney Amanda Fayerberg, successfully argued that prosecutors engaged in “egregious” misconduct. During a September hearing, recordings were played of grand jurors specifically requesting to hear from additional witnesses. Fayerberg stated that prosecutors improperly discouraged these requests by claiming subpoenas were required, despite the witnesses being available and willing to provide testimony. The defense further alleged that prosecutors ignored evidence and created unnecessary hurdles to obstruct the grand jury from hearing the full account. In June, Busfield’s attorneys officially asked the court to throw out the indictment, alleging in a motion that prosecutors were “willfully blind to the lack of evidence” and “invented procedural hurdles” to keep grand jurors from hearing witness testimony. According to she, Prosecutors wrongly informed jurors that subpoenas would be needed, even though those witnesses were “present, available and willing to testify.”. “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.”.
Bernalillo County District Attorney Greer Staley defended the state’s actions, arguing that the defense failed to adhere to standard procedures for submitting evidence. Staley also contended that Busfield had improperly attempted to influence the grand jury by steering them toward favorable witnesses during his three-hour testimony. Initially, Busfield had turned himself in following the indictment and was released pending trial, with a judge previously noting a lack of evidence regarding any pattern of past criminal conduct involving children.
While the current indictment has been dismissed, the future of the litigation remains uncertain. Prosecutors stated on Friday that they have not yet made a determination on whether to seek a new indictment. Each count originally carried a potential six-year prison sentence, which could have been subject to enhancements. Attorney Fayerberg expressed that while they are relieved by the judge’s decision, they are prepared to continue defending Busfield should the state choose to revisit the case.
