Judge Dismisses Child Sex Charges Against Actor Timothy Busfield
State District Judge Joseph Montano Dismisses Indictment in Albuquerque
State District Judge Joseph Montano granted a defense motion in Albuquerque, New Mexico, dismissing an indictment against actor Timothy Busfield that had accused him of criminal sexual contact with a child.
Prosecutorial Misconduct and Grand Jury Errors Cited in Decision
Judge Montano tossed the charges after finding prosecutorial misconduct and errors that undermined the grand jury process. The case originated from Busfield’s work directing the television series “The Cleaning Lady” between 2022 and 2024. The parents of two twin boys let go from the show claimed Busfield inappropriately touched the children on set in Albuquerque. A criminal complaint filed in January detailed that an Albuquerque Police Department investigator reported one boy stated Busfield touched his private areas over his clothing twice when he was 7 and 8 years old. The twin brother told authorities he was also touched, though he did not specify where.
Busfield turned himself in and was released pending trial after a judge found no pattern of criminal conduct or past allegations involving children. A grand jury indictment followed weeks later, allowing the case to proceed without a preliminary hearing on evidence. Defense attorneys Amanda Fayerberg and others noted that children initially told police Busfield did not touch them inappropriately, and accused the parents of coaching their children after losing roles on the show. During a September hearing, Fayerberg played audio recordings of grand jurors asking to hear from additional witnesses, arguing prosecutors wrongly told jurors subpoenas were needed even though witnesses were present and willing to testify.
Bernalillo County District Attorney Greer Staley Defends Prosecution
Bernalillo County District Attorney Greer Staley countered that the defense failed to follow the correct process for submitting evidence to a grand jury. Staley also stated that Busfield improperly and excessively tried to steer grand jurors toward favorable witnesses and exhibits during his three-hour testimony. Transcripts submitted by Busfield’s attorneys showed the actor testifying that the case upended his life, affected his family, and resulted in him being canceled by losing work and his agency. Busfield testified under oath that the allegations were “absolutely one gazillion percent untrue.”
What Remains Unknown in the Timothy Busfield Case
Prosecutors have not immediately stated whether they will seek a new grand jury indictment following the dismissal by Judge Montano. Each count in the dismissed indictment carried a possible penalty of six years in prison that could be enhanced.
