Judge Dismisses Child Sexual Abuse Charges Against Timothy Busfield

A New Mexico judge has dismissed an indictment against actor Timothy Busfield, citing prosecutorial misconduct during grand jury proceedings. The decision on Friday tossed charges of criminal sexual contact stemming from his time directing the television series The Cleaning Lady.

State District Judge Joseph Montano granted the defense motion to dismiss the case, ruling that Bernalillo County prosecutors failed to act impartially. The ruling centers on how the grand jury was handled when members requested to hear from additional witnesses during the proceedings.

Grand Jury Proceedings and Prosecutor Misconduct Findings

The dismissed charges originated from allegations involving twin boys who worked as child actors on the Fox series The Cleaning Lady, which Busfield directed between 2022 and 2024. Busfield was indicted in February on four felony counts, including criminal sexual contact with a minor and child abuse.

According to a criminal complaint detailed by an Albuquerque Police Department investigator in January, one child stated that Busfield inappropriately touched his private areas over his clothing twice—once at age 7 and again at age 8. The second twin informed authorities that Busfield also touched him, though he omitted specific details about the location of the contact and remained silent out of fear of getting into trouble. Busfield served on the show as a director and executive producer. An Albuquerque police detective and Busfield were the only two witnesses to appear before the grand jury. The indictment allowed the case to proceed without a preliminary hearing on evidence, and each count carried a possible penalty of six years in prison that could be enhanced.

The judge found that these actions violated grand jury statutes designed to protect the structural integrity of the justice system.

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, State District Judge

Defense Arguments and the Actor’s Response

Busfield’s legal team filed to throw out the indictment in June, arguing that prosecutors were willfully blind to the lack of evidence and created procedural hurdles to block testimony. Attorneys noted that during initial police interviews, the children stated Busfield did not touch them inappropriately, and accused the boys’ parents of coaching their children to provide incriminating statements after losing lucrative roles on the program. During a September hearing, defense attorney Amanda Fayerberg played audio recordings of grand jurors asking to hear from other people who were on the set.

Photo: KCRA

Photo: Black Hills Pioneer

The actor has consistently maintained his innocence, describing the accusations as lies motivated by revenge. After a warrant was issued for his arrest on January 9, he surrendered to authorities on January 13. He was initially held without bond at the Bernalillo County Metropolitan Detention Center and appeared remotely on January 14 in the courtroom of Judge Felicia Blea-Rivera. On January 20, New Mexico Judge David Murphy rejected flight concerns raised by Bernalillo County District Attorney Sam Bregman along with past uncharged accusations, releasing Busfield pending trial after finding no pattern of criminal conduct or similar past allegations involving children. Testifying before the grand jury, Busfield stated that he had been canceled, losing work and being fired by his agency, and asserted that the allegations were absolutely one gazillion percent untrue. Never ever. According to transcripts submitted by his attorneys, he also noted that the case turned his life upside down and affected his entire family.

Bernalillo County District Attorney Office Options

Following the judge’s decision, representatives for the Bernalillo County District Attorney’s Office indicated they were reviewing the ruling.

Defense counsel remains prepared for any further legal action. Fayerberg stated that Busfield was relieved and grateful for the ruling, noting that the grand jurors repeatedly asked to hear from the people on set with him. We know this may not be the end, Fayerberg said following the release of the judge’s order. If the State chooses to try again, Tim is ready, and so are those witnesses.

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