Lawyers for Timothy Busfield said in an opposition filing Friday that an independent inquiry into teh accusation against the actor undermines New Mexico’s child sex abuse case, and that Busfield should be released from jail.
On Wednesday, Busfield faced a judge for the first time since turning himself in on two counts of criminal sexual contact of a minor and one count of child abuse; the actor did not enter a plea at the hearing, and the judge ordered that Busfield be held without bond until his next hearing, scheduled for Tuesday, January 20.
Busfield’s lawyers argued for Busfield’s release in court filings Friday, stating that the actor previously passed a polygraph test and that Warner Bros.’ independent investigation into the accusations by twin child actors on the series The Cleaning lady found the allegations unfounded, ABC News reports.
The filing also cited that the child actors’ parents both had a history of fraud, and that the father had admitted too “conspiracy to commit wire fraud” and was disbarred.
“The State offers no reliable proof—only allegations advanced by witnesses with documented histories of fraud and financial exploitation, contradicted by a thorough studio investigation, and refuted by witnesses and objective risk assessments,” Busfield’s lawyers wrote.
“For all of these reasons—the independent investigation that undermined the State’s allegations at every turn, the affirmative findings of the polygraph and ABEL assessment, the overwhelming evidence of character and community support, and the absence of any reliable proof of dangerousness—the State cannot meet its burden of clear and convincing evidence that no conditions of release will reasonably protect the community.”
