Judge Tosses Entire Timothy Busfield Indictment, Citing Prosecutorial Misconduct

A New Mexico judge has stunningly thrown out the entire criminal indictment against actor and director Timothy Busfield. The ruling stated that prosecutors mishandled grand jury proceedings and improperly prevented jurors from hearing witnesses they had specifically requested to hear from.

In a six-page order issued Friday, October 16, Judge Joseph Montaño dismissed all four counts of criminal sexual contact of a minor against Busfield, 69, finding that prosecutors failed to act fairly and improperly instructed grand jurors about their ability to hear additional testimony.

The actor has maintained his innocence since his dramatic arrest in January, involving U.S. Marshals and an alleged “manhunt” for the embattled director.

Credit: KRQE News

According to the ruling, several grand jurors wanted to hear from additional witnesses, but prosecutors told them subpoenas would be required, along with 36 hours’ notice. The judge found that prosecutors failed to explain that willing witnesses could testify without subpoenas. Prosecutors also incorrectly told jurors that eight members would first need to agree to hear additional witnesses, followed by all 12 agreeing to return for more testimony.

Montaño concluded that these instructions effectively kept the requested witnesses from testifying, violating the rules intended to ensure fair grand jury proceedings.

“The prosecuting attorney failed to act in a fair and impartial manner,” the judge wrote.

Busfield’s attorney, Amber Fayerberg, welcomed the decision in a statement provided to Los Angeles on Friday.

“Tim is relieved and grateful today. The grand jurors kept asking to hear from the people who were on set with him. Those witnesses were sitting in the hallway, ready to tell the grand jury what they saw, and what they saw shows that Tim is innocent. The prosecution would not let them in, and the Court saw that for what it was: a violation of the grand jury laws that protect the integrity of our justice system. We know this may not be the end. If the State chooses to try again, Tim is ready, and so are those witnesses.”

As previously reported by Los Angeles, Busfield’s legal team filed a lengthy motion in June looking to dismiss the indictment, accusing prosecutors of misleading grand jurors, withholding favorable testimony and interfering with their ability to independently evaluate the evidence.

The defense specifically pointed to director of photography Alan Caudillo, whom one grand juror wanted to question because he had been present throughout production. Attorneys argued that Caudillo and other witnesses were available and willing to testify.

The case stems from allegations that Busfield inappropriately touched a young child actor on the Albuquerque set of Fox’s television series The Cleaning Lady, where he worked as a director and producer. The allegations involved twin brothers who appeared on the show before their contracts were not renewed. There were also alleged statements heard from the mother of the twins wanting “revenge” on Busfield over her boys not getting a new contract.

Busfield surrendered to police on January 13 and was initially jailed. Following a lengthy detention hearing on January 20, a judge ordered his release pending trial. He was indicted in February and pleaded not guilty to all four charges. His attorneys have maintained that the accusations were motivated by the aforementioned retaliation after the children lost their roles on the series. During an earlier hearing, the defense played a recording in which one of the boys denied being touched inappropriately, arguing that the child’s statements raised serious questions about the allegations.

The dismissal also does not permanently bar prosecution. The Bernalillo County District Attorney’s Office said it is reviewing the ruling and considering whether to seek a new indictment.

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