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Judge Dismisses Indictment Against Timothy Busfield in Child Sex Abuse Case
· Confirmed
In Short: A New Mexico judge dismissed the indictment against actor Timothy Busfield, citing prosecutorial misconduct.
New Mexico Judge Joseph Montano dismissed the indictment against actor Timothy Busfield on Friday, October 16, citing serious procedural failures by prosecutors.
Busfield, 69, was accused of criminal sexual contact with a minor and child abuse stemming from allegations made by 11-year-old twins on the set of 'The Cleaning Lady.'
According to the judge's order, the prosecuting attorney failed to act impartially, including failing to properly instruct the grand jury on the law and withholding requested witnesses.
Busfield's attorney, Amber Fayerberg, said the state engaged in 'egregious prosecutorial misconduct,' and that exculpatory evidence was withheld from jurors.
The judge noted that the grand jury proceedings were conducted in a manner that violated grand jury statutes designed to protect the structural integrity of the grand jury system.
Busfield's attorneys submitted transcripts of the proceedings, which showed that the prosecution would not allow witnesses who were ready to testify to enter the grand jury room.
In a statement to CBS News, Fayerberg said, 'Those witnesses were sitting in the hallway, ready to tell the grand jury what they saw, and what they saw shows that Tim is innocent.'
Busfield had pleaded not guilty to all four counts on February 10, and the indictment included two counts of criminal sexual contact with a minor and child abuse.
The judge gave the Bernalillo County District Attorney Sam Bregman the option to 'institute new criminal proceedings' against Busfield, with each count carrying a maximum sentence of six years behind bars.
Busfield's attorney told Fox News Digital that the actor will appear before a judge after turning himself in following an arrest warrant.
Busfield, known for roles in 'The West Wing' and 'Thirtysomething,' has steadfastly professed his innocence, calling the allegations against him 'lies.'
Background
Former Democratic Unionist Party leader Sir Jeffrey Donaldson was sentenced to 15 years in prison for a series of child sex offenses, including one count of rape, at Newry Crown Court on Friday, October 16, 2026.
What's confirmed
- “The prosecuting attorney failed to act in a fair and impartial manner, including the failure to properly instruct the grand jury on the law for calling witnesses and in instructing the grand jurors on a procedure that effectively withheld requested witnesses,” Judge Joseph Montano wrote Friday in an order on the thirtysomething actor’s move to quash the indictment against him.
- “In doing so, the grand jury proceedings were conducted in a manner that violated grand jury statutes designed to protect the structural integrity of our grand jury system and the presumption of prejudice applies,” Montano said.
- Timothy Busfield ‘s sexual abuse case has taken a significant turn after a New Mexico judge dismissed the indictment against the thirtysomething and The West Wing actor, citing serious procedural failures by prosecutors.
- A judge has dismissed an indictment against West Wing and Field of Dreams actor Timothy Busfield after he was accused of criminal sexual contact with a child.
- “The state engaged in egregious prosecutorial misconduct,” Fayerberg said.
- State District Judge Joseph Montano granted a defense motion to toss the charges in a decision released Friday.
- The grand jury indictment followed just weeks later, reiterating allegations that Busfield “touched or applied force to the intimate parts” of one of the boys on several occasions.
- “Our office has received the order and is evaluating our options to determine how we will proceed,” said a spokesperson for the Second Judicial District Attorney in Albuquerque.
- The case stems from when Busfield was directing the TV series “The Cleaning Lady” from 2022 to 2024.
- According to the transcripts of the proceedings submitted by Busfield’s attorneys, the actor also known for appearances in “Thirtysomething” told jurors that the case had turned his life upside down and affected his entire family.
What's still developing
- On January 20, just a few days after the actor-director turned himself in, New Mexico Judge David Murphy rejected flight concerns by Bernalillo County District Attorney Sam Bregman and past (never charged) accusations against The West Wing actor.
- An attorney for Busfield, Amber Fayerberg, issued the following statement in response: Any person with disabilities who needs help accessing the content of the FCC Public File may contact KOB via our online form or call 505-243-4411.
- If you or someone you know is experiencing child abuse, call or text Child Help Hotline at 1-800-422-4453.
- In an interview with investigators, Busfield said that the boys’ parents were seeking “revenge” after the boys were not hired for the show’s final season.