A judge in New Mexico has thrown out an accusation of criminal sexual contact with a child against actor Timothy Busfield from “West Wing” and “Field of Dreams.” The judge cited errors in the grand jury process and prosecutorial misconduct as grounds for dismissing the indictment.
Following a defense motion, State District Judge Joseph Montano decided to drop the charges in a ruling issued on Friday. Busfield has consistently denied the allegations, calling them falsehoods driven by a desire for revenge.
It remains uncertain whether prosecutors will pursue a new indictment. The case originated while Busfield was directing the TV series “The Cleaning Lady” between 2022 and 2024. The parents of two twin boys who were removed from the show alleged that Busfield had touched the children inappropriately on the set in Albuquerque, New Mexico.
An investigator from the Albuquerque Police Department mentioned in a criminal complaint filed in January that one of the boys reported Busfield had touched him inappropriately on two occasions when he was seven and eight years old. The boy’s twin brother also stated that Busfield had touched him without specifying where, out of fear of getting into trouble.
Busfield surrendered himself and was released awaiting trial after a judge found no prior criminal history or similar accusations involving children. The subsequent grand jury indictment repeated the charges that Busfield had touched the intimate parts of one of the boys on multiple occasions, allowing the case to proceed without a preliminary hearing.
Busfield’s legal team pointed out inconsistencies in the children’s statements to the police, alleging the parents had coached the children to provide incriminating testimony after they lost their roles on the show. Defense attorneys argued that prosecutors disregarded the lack of evidence and imposed unnecessary obstacles to prevent vital witness testimony from reaching the grand jury.
During a court hearing, Busfield’s attorney Amanda Fayerberg played audio recordings demonstrating that prosecutors hindered the jurors from hearing additional witnesses. The defense claimed that prosecutors misled jurors about the need for subpoenas, despite the witnesses being ready to testify. The defense accused the state of engaging in severe prosecutorial misconduct.
Bernalillo County District Attorney Greer Staley countered by stating that the defense failed to follow the correct evidence submission process to the grand jury. Staley also accused Busfield of trying to influence the grand jurors excessively during his testimony.
In his testimony, Busfield expressed how the allegations had affected his life and family, leading to job losses and being dropped by his agency. He vehemently denied the accusations of inappropriate touching, asserting they were completely false. The indictment carried potential penalties of up to six years in prison per count.