Judge tosses child sex abuse charges against actor Timothy Busfield: Reports

A New Mexico state court judge dismissed charges of child sexual abuse Friday against "West Wing" actor and director Timothy Busfield, but said prosecutors could pursue new charges against him. 

What we know:

Judge Joseph Montano dismissed the charges saying that the prosecution did not act in a fair and impartial manner during grand jury proceedings, Reuters reported. 

Busfield, 69, has strongly denied allegations that he improperly touched two young twin brothers on the set of the FOX TV drama "The Cleaning Lady" in Albuquerque. 

Montano said prosecutors did not properly instruct members of the grand jury about procedures for requesting testimony from additional witnesses. The judge said the prosecutor incorrectly informed the jurors that at least eight of them would have to agree about wanting to hear from a witness before that witness could be called to testify. 

Montano wrote that the lawyer’s actions "had the practical effect of unilaterally withholding witnesses requested by the grand jurors." 

What they're saying:

In an email Friday to the Associated Press, Busfield's attorney Amanda Fayerberg said he was "relieved and grateful" after reading the judge's decision.

"We know this may not be the end," Fayerberg said. "If the State chooses to try again, Tim is ready, and so are those witnesses."

What we don't know:

It is not yet clear whether prosecutors will file new charges. 

As of Friday afternoon, a spokesperson for New Mexico’s Second Judicial District Attorney’s Office told Reuters the office was evaluating its options. 

The backstory:

Busfield, who also appeared in "Field of Dreams" and "Thirtysomething," was formally charged with four counts of criminal sexual contact of a child back in February, following a criminal complaint filed in January. Busfield’s arrest warrant was for two counts of criminal sexual contact of a child, but he was indicted on four counts. 

Police documents stated a boy claimed that Busfield touched him on his private areas over his clothing on one occasion when he was 7 years old and another time when he was 8. The boy’s brother told authorities that Busfield also touched him, but did not specify where and did not say anything because he did not want to get in trouble, the complaint stated. 

At a court hearing in January, Assistant District Attorney Savannah Brandenburg-Koch called evidence of abuse against Busfield strong and specific, calling their accounts "specific and not exaggerated." She also said witnesses expressed fear about potential retaliation and professional harm. 

Busfield’s attorneys said in court filings that the allegations against him emerged only after the boys lost their role in the TV show, in which Busfield starred and directed, and that their dismissals created a financial and retaliatory motive. The filings also detailed what the attorneys said was a history of fraud by both the father and mother. 

In June, Busfield’s defense team asked the court to throw out the indictment, alleging in court documents that prosecutors were "willfully blind to the lack of evidence" and "invented procedural hurdles" to prevent grand jurors from hearing from witnesses. Fayerberg, during a September hearing, played audio recordings of grand jurors asking to hear from additional witnesses and said prosecutors wrongly told jurors that subpoenas would be needed even if witnesses were "present, available and willing to testify." 

Bernalillo County District Attorney Greer Staley argued that the defense hadn’t followed the correct process for submitting evidence to a grand jury. Staley also claimed Busfield himself improperly and "excessively" tried to steer the jurors toward favorable witnesses and exhibits during his testimony.

Transcripts submitted by Busfield’s defense team stated that Busfield told jurors the case had turned his life upside down and that he had been "canceled," referring to lost work and being fired by his agency. But Busfield told jurors he had nothing to hide, calling the accusations "absolutely one gazillion percent untrue."  

Dig deeper:

"The Cleaning Lady" aired for four seasons on FOX, ending in 2025. It starred Elodie Yung as a Cambodian doctor who comes to the United States to get medical treatment for her son, then witnesses a mob killing and ends up becoming a cleaner for organized crime.

The case stems from when Busfield was directing the series, from 2022 to 2024.

Warner Bros., which produced the show, reportedly conducted its own investigation into the abuse allegations but was unable to corroborate them. 

Busfield is married to "Little House on the Prairie" actor Melissa Gilbert.

 

 

 

Crime and Public Safety