A New Mexico judge has dismissed the indictment against the The West Wing and Field of Dreams actor, citing concerns over the prosecution’s handling of the grand jury process, as prosecutors consider their next steps.
A judge in the United States state of New Mexico has dismissed criminal charges against Emmy-winning actor Timothy Busfield, citing concerns over how prosecutors presented the case to a grand jury.
State District Judge Joseph Montano granted the defence’s motion to dismiss the indictment on Friday, ruling that errors in the grand jury proceedings had undermined the process. The judge also criticised the prosecutor’s conduct, stating that the prosecutor had “failed to act in a fair and impartial manner”.
Busfield, known for his roles in The West Wing, Thirtysomething and Field of Dreams, was indicted in February on four counts of criminal sexual contact of a child. He has denied all allegations against him.
The case arose from accusations made by child actors who worked with Busfield on the Fox television series The Cleaning Lady, which he directed and produced.
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Following the ruling, a spokesperson for the Office of the Second Judicial District Attorney in Bernalillo County said the office had received the court’s order and was reviewing its options.
“Our office has received the order and is evaluating our options to determine how we will proceed,” the spokesperson told the BBC.
The development leaves prosecutors considering their next legal steps following the dismissal of the indictment. The ruling, as reported, concerned problems with the grand jury process and does not, by itself, establish whether the underlying allegations are true or false.
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Details of the Allegations
According to the indictment reviewed by the BBC, the alleged incidents occurred between 19 October 2022 and 10 September 2023. The document alleged that Busfield touched or applied force to the intimate parts of one of the boys when he was under the age of 13.
Earlier court documents also outlined allegations that Busfield groomed and sexually abused the boys while they were working on The Cleaning Lady. According to the arrest affidavit, the children reportedly referred to the actor as “Uncle Tim” and alleged that he tickled them on their stomachs and legs.
The affidavit stated that both boys told authorities they had been touched inappropriately over a period of years. These claims remain allegations, and Busfield has denied wrongdoing.
Defence Challenges the Case
Busfield’s defence team previously challenged the accusations, arguing that the allegations were made in retaliation after the children were dismissed from the television production, an action the defence claimed had angered their mother.
As part of its efforts to support the actor’s defence, the legal team submitted more than 70 letters from individuals who vouched for his character. The defence also stated that Busfield had undergone and passed a polygraph test relating to the allegations.
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The actor surrendered to state authorities in January after an arrest warrant was issued. A judge subsequently ordered his release pending trial.
Busfield had initially been taken into custody in Albuquerque on two counts of criminal sexual contact with a minor and one count of child abuse before the later indictment.
What Happens Next?
The district attorney’s office has confirmed that it is evaluating its options following Judge Montano’s decision. The office has not yet announced what further action, if any, it intends to pursue.
The BBC said it had contacted a legal representative for Busfield for comment.
The case has attracted attention because of Busfield’s long-standing career in American television and film, as well as the serious nature of the allegations involving children.
For now, the immediate legal development is the dismissal of the indictment over concerns about the grand jury proceedings. Any further action will depend on the prosecution’s decision and subsequent legal developments.
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