The short version
- Judge Joseph Montano dismissed the indictment due to improper instructions given to grand jurors regarding witness testimony.
- The actor denies allegations of inappropriate contact with two young boys on a television set in Albuquerque.
- Prosecutors stated they are currently evaluating their options and may pursue new charges against Busfield.
A New Mexico state court judge has dismissed criminal charges of child sexual abuse against actor and director Timothy Busfield, citing significant procedural errors by the prosecution during grand jury proceedings. The ruling, issued on Friday, centers on the claim that prosecutors failed to act with fairness and impartiality when presenting evidence to the grand jury. Judge Joseph Montano determined that these failures compromised the integrity of the process, leading to the dismissal of the four-count indictment filed earlier this year.
The legal dispute originated from allegations that Busfield improperly touched two young boys, who are twin brothers, while they were working on the set of the Fox television drama The Cleaning Lady in Albuquerque. According to a criminal complaint filed in January, the twins reported that the alleged incidents occurred over a two-year period when they were seven and eight years old. These events reportedly took place during breaks in production, with Busfield serving as both an actor and a producer on the series.
Busfield, who is best known for his roles in prime-time television series such as The West Wing and Thirtysomething, has consistently denied the accusations. He has characterized the allegations as false and maintained his innocence throughout the legal proceedings. His defense team had requested that the charges be dismissed, arguing that the prosecution’s conduct violated due process protections afforded to the accused.
In his written ruling, Judge Montano highlighted specific instances where the prosecutor misled the grand jurors about procedural requirements. The judge noted that the attorney incorrectly informed the jurors that a minimum of eight members would need to agree before additional witnesses could be called to testify. This instruction was factually wrong and effectively prevented the grand jury from hearing from witnesses they may have wished to examine.
Montano emphasized that the prosecutor’s actions had the practical effect of unilaterally withholding requested testimony from the grand jurors. By failing to properly instruct the panel on how to request witness appearances, the prosecution undermined the impartial nature of the proceedings. The judge concluded that this failure to act fairly warranted the dismissal of the current charges, although he did not preclude the possibility of future legal action.
Following the ruling, a spokesperson for the Second Judicial District Attorney’s Office in New Mexico stated that the office is currently evaluating its options. This suggests that while the immediate indictment has been voided, the case may not be entirely closed. Prosecutors retain the ability to pursue new charges against Busfield if they believe sufficient evidence exists and can be presented without the procedural errors identified by the court.
The dismissal marks a significant development in a case that had drawn attention due to Busfield’s prominent career in television and film. Beyond his recent work, Busfield is recognized for his role as a White House reporter on The West Wing and for appearing in the baseball film Field of Dreams alongside Kevin Costner. The legal outcome does not validate or invalidate the underlying allegations but rather addresses the procedural manner in which they were brought before the grand jury.
The twins’ accounts remain part of the record, even as the current charges are dismissed. Their reports formed the basis of the February indictment, which accused Busfield of groping one of the boys. The defense has continued to assert that these claims are unfounded, and the dismissal reinforces their position that the legal process was flawed. However, the district attorney’s office has not ruled out further investigation or potential re-indictment.
As the case moves forward, the focus shifts to how prosecutors will address the procedural deficiencies identified by Judge Montano. The requirement for fair and impartial conduct in grand jury proceedings is a cornerstone of the justice system, and violations can have serious consequences for ongoing cases. The outcome here serves as a reminder of the strict standards applied to prosecutorial behavior, even in high-profile matters involving public figures.
Observers will watch closely to see whether new charges are filed or if the matter concludes with this dismissal. The decision underscores the importance of adhering to legal protocols, regardless of the severity of the alleged crimes. For Busfield, the ruling provides temporary relief from the criminal charges, but the uncertainty surrounding potential future actions means the situation remains unresolved.
Sources behind this briefing
Go to the original reporting
- The Guardian US↗Child sex abuse charges against actor Timothy Busfield dismissed by judge
