New Mexico Judge Tosses Charges Against Actor Timothy Busfield

A New Mexico judge has dismissed an indictment against actor Timothy Busfield, who had been accused of criminal sexual contact with a child. State District Judge Joseph Montano cited prosecutorial misconduct and errors that undermined the grand jury process in a decision released Friday.

Busfield has repeatedly denied the allegations, which stem from his time directing the TV series “The Cleaning Lady” in Albuquerque between 2022 and 2024. The parents of two twin boys, who had been let go from the show, claimed Busfield inappropriately touched their children on set. According to a criminal complaint filed in January, one boy reported being touched inappropriately by Busfield on two occasions when he was 7 and 8 years old. His twin brother also told authorities he was touched but did not specify where.

Busfield turned himself in and was released pending trial. His attorneys argued that the children’s initial interviews with police did not support the allegations and that the boys' parents coached their children to make incriminating statements after the boys lost roles on the show.

In June, Busfield's defense team filed a motion to dismiss the indictment, alleging prosecutors were "willfully blind to the lack of evidence" and created "procedural hurdles" to prevent grand jurors from hearing witness testimony. During a September hearing, defense attorneys presented audio recordings of grand jurors asking to hear from additional witnesses. They stated that prosecutors incorrectly informed the jurors that subpoenas would be required, even though those witnesses were available and willing to testify.

"The state engaged in egregious prosecutorial misconduct," said Busfield's attorney, Amanda Fayerberg. In an email Friday, Fayerberg stated that Busfield was "relieved and grateful" following the judge's decision.

Prosecutors countered that the defense had not followed the proper procedure for submitting evidence to a grand jury. They also claimed Busfield improperly attempted to steer grand jurors toward favorable witnesses during his own testimony. Transcripts indicate Busfield told jurors the case had significantly impacted his life and career, leading to him being "canceled" and losing work. He testified unequivocally that the allegations of touching the children were "absolutely one gazillion percent untrue."

Prosecutors stated they had not yet decided whether to pursue another indictment. The dismissed indictment had carried a potential penalty of six years in prison per count. Fayerberg indicated that if prosecutors attempt to re-indict, Busfield and his witnesses are prepared.