Court Dismisses Timothy Busfield Indictment Over Grand Jury Misconduct

State District Judge Joseph Montano ruled that prosecutors violated legal standards by giving faulty instructions and preventing grand jurors from hearing testimony from defense witnesses who were waiting outside the courtroom.

State District Judge Joseph Montano in New Mexico threw out a felony grand jury indictment against actor and director Timothy Busfield on Friday, ruling that prosecutorial misconduct and procedural flaws compromised the proceedings.

The order dismisses four felony counts accusing the 69-year-old television veteran of unlawful sexual contact involving a minor. Montano concluded that the state failed to conduct the inquiry impartially, faulting prosecutors for misstating witness-calling rules and blocking grand jurors from hearing exculpatory testimony from production crew members waiting outside.

In his written decision, Montano determined that the procedural violations established a presumption of prejudice, compromising statutory safeguards designed to protect grand jury integrity. The dismissal permits the state to present the matter to a new panel, though Bernalillo County prosecutors stated they had not determined whether to seek a replacement indictment.

Amber Fayerberg, lead defense attorney representing Busfield, said the performer felt relieved and grateful after reviewing the ruling. Fayerberg noted that the court recognized how prosecutors kept critical witnesses away from the panel despite repeated juror inquiries.

“The grand jurors kept asking to hear from the people who were on set with him,” Fayerberg said. “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.”

During a September evidentiary hearing, the defense team played recorded audio from grand jury deliberations showing panel members repeatedly asking to question individuals present during production. According to defense filings, prosecutors told the panel that formal subpoenas were mandatory to call them, even though the witnesses were present and available. The state also erroneously instructed grand jurors that at least eight members had to agree before any outside witness could be summoned.

Bernalillo County prosecutors disputed the defense assertions, contending that Busfield's legal team failed to follow proper procedures for submitting exculpatory materials before the panel convened. District Attorney Greer Staley argued that Busfield acted improperly during his own three hours of grand jury testimony by repeatedly directing jurors toward specific witnesses and favorable exhibits.

The legal dispute originated from allegations spanning 2022 to 2024 in Albuquerque, where Busfield directed and produced episodes of the television drama The Cleaning Lady. The charges involved twin brothers who worked on the production as child actors before being released from the show.

An Albuquerque Police Department investigation outlined accusations from the boys' parents claiming Busfield inappropriately touched the children over their clothing during production breaks. Initial charging documents submitted in January asserted that one boy described two touching incidents when he was seven and eight years old, while his twin brother reported being touched without detailing specific locations.

Busfield vehemently rejected the claims, labeling them fabrications engineered by the parents after the boys lost their television roles. In court motions seeking dismissal, defense attorneys highlighted that both children initially told police detectives during recorded interviews that Busfield had never touched them inappropriately. The defense maintained that subsequent incriminating statements resulted from parental coaching fueled by resentment over losing lucrative employment.

Following his initial surrender in January, a magistrate released Busfield without bond, finding no prior criminal record or similar misconduct complaints throughout his career. During his grand jury appearance, Busfield testified about the severe professional fallout from the accusations, recounting that his talent agency dropped him and scheduled entertainment projects were canceled.

Addressing the accusations under oath, Busfield told the panel that the claims of inappropriate physical contact were “absolutely one gazillion percent untrue. Never ever.”

An Emmy Award winner for his role as Elliot Weston on the drama series thirtysomething, Busfield earned wide acclaim for portraying White House reporter Danny Concannon on The West Wing and appearing in feature films including Field of Dreams. Each dismissed charge carried a prospective prison sentence of six years. Fayerberg affirmed that if prosecutors decide to pursue the case again, the defense is prepared to proceed alongside the witnesses who were previously excluded.

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