Judge throws out child sex abuse charges against actor Timothy Busfield
The judge in the case said on Friday that the prosecutor "failed to act in a fair and impartial manner".
A New Mexico judge has dismissed an indictment against “West Wing” and “Field of Dreams” actor Timothy Busfield who was accused of criminal sexual contact with a child. The decision was based on prosecutorial misconduct and errors that hindered the grand jury process. Busfield has consistently denied the allegations, describing them as lies driven by revenge.
The case began when Busfield was directing the TV series “The Cleaning Lady” from 2022 to 2024. Parents of two twin boys, who were terminated from the show, alleged that Busfield inappropriately touched the children on the set in Albuquerque. An investigator with the Albuquerque Police Department reported that one of the boys claimed Busfield touched him inappropriately on his private areas when he was 7 and 8 years old.
The boy's twin brother stated he was also touched, though he did not specify where and did not report it to avoid trouble. Busfield surrendered himself and was released from jail pending trial, having no prior criminal conduct or similar allegations involving children. The grand jury indictment surfaced shortly after, reiterating the same allegations.
Prosecutors claimed Busfield "touched or applied force to the intimate parts" of one of the boys multiple times. The prosecution allowed the case to proceed without a preliminary hearing on evidence. Busfield's attorneys argued that the children initially told police that Busfield did not touch them inappropriately, and their parents allegedly coached the children to give incriminating statements after they lost lucrative roles on the show.
In June, Busfield's attorneys moved to dismiss the indictment, alleging prosecutors were "willfully blind to the lack of evidence" and "invented procedural hurdles" to prevent grand jurors from hearing witness testimony. During a September hearing, Busfield's attorney played audio recordings of grand jurors requesting to hear from additional witnesses, stating that prosecutors had misled jurors about the need for subpoenas.
Bernalillo County District Attorney Greer Staley countered that the defense had not followed the correct procedure for submitting evidence to the grand jury and that Busfield had excessively attempted to sway grand jurors toward favorable witnesses and exhibits during his testimony. Prosecutors maintain that each count carries a possible six-year prison sentence.
Busfield's attorney stated that he remains "relieved and grateful" after reading the judge's decision.
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