State District Judge Joseph Montano has dismissed an indictment against Timothy Busfield, an actor known for his roles in “West Wing” and “Field of Dreams,” after identifying significant prosecutorial misconduct. The court ruled that errors throughout the grand jury proceedings compromised the integrity of the process, leading to the decision released on Friday.
The criminal case emerged from Busfield’s time directing the series “The Cleaning Lady” in Albuquerque between 2022 and 2024. He faced accusations involving two twin boys who were removed from the production. The children’s parents alleged that the actor had inappropriately touched them on set. According to a January criminal complaint, an Albuquerque police investigator stated that one child reported being touched on private areas over his clothing on two separate occasions at ages 7 and 8. The boy’s twin brother reported similar interactions but had not disclosed them previously. 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.
Following his arrest, Busfield was released as a judge determined there was no pattern of such behavior in his history. A grand jury subsequently indicted him, a move that bypassed a preliminary evidentiary hearing. Each count carried potential prison time of six years, which could have been subject to enhancement.
In response to the ruling, Busfield’s attorney, Amanda Fayerberg, stated the actor felt “relieved and grateful.” During court proceedings, the defense challenged the state’s handling of the case, arguing that prosecutors had ignored evidence and intentionally created procedural barriers to prevent jurors from hearing key witness testimony. In a September hearing, the defense presented recordings of jurors requesting additional witnesses, noting that prosecutors incorrectly claimed subpoenas were required despite those individuals being present 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.”.
Busfield, who is also known for “Thirtysomething,” has consistently denied the claims. During his testimony, he told jurors that the accusations were motivated by revenge and stated the experience had “canceled” his career and devastated his family. Addressing the specific allegations, he insisted that the claims were “absolutely one gazillion percent untrue.” His legal team previously contended that the children initially told police no inappropriate touching occurred, alleging that the parents coached them to provide false statements after the boys were cut from the show. He testified that he had been “canceled,” meaning he lost work and was fired by his agency.
Bernalillo County District Attorney Greer Staley had contested the defense’s motion, arguing that the defense failed to follow standard procedures for submitting evidence and accusing Busfield of attempting to improperly steer the grand jury during his own testimony.
While the charges are currently dismissed, the legal path forward remains uncertain. Prosecutors indicated on Friday that they have yet to determine if they will seek a new indictment. Fayerberg noted that her client remains prepared for further proceedings should the state decide to move forward.
