New Mexico judge dismisses child abuse charges against actor Timothy Busfield over grand jury errors

Judge cites grand jury failures

Judge Montano found that prosecutors failed to act fairly and impartially in the grand jury proceedings. He said jurors were not properly instructed about calling witnesses and were given directions that effectively kept requested witnesses from appearing.

The ruling said those actions violated statutes intended to protect the grand jury system’s structural integrity. It applied a presumption of prejudice, leading to dismissal of the indictment.

Prosecutors weigh next steps

Prosecutors said Friday they had not decided whether to pursue another indictment. The original counts each carried a possible six-year prison sentence, which could be enhanced. Busfield’s attorney, Amber Fayerberg, said in a statement to CBS News that he was “relieved and grateful.”

Allegations stem from television set

The case arose from Busfield’s work directing “The Cleaning Lady” from 2022 to 2024. The parents of twin boys who were dismissed from the show alleged that he inappropriately touched them on set in Albuquerque.

Busfield turned himself in and was released pending trial. The judge who released him found no pattern of criminal conduct or similar past allegations involving children, according to the article.

Defense and prosecution dispute

Busfield’s attorneys said the boys told police in initial interviews that he had not touched them inappropriately. They accused the parents of coaching the children after they lost lucrative roles on the show.

At a September hearing, Fayerberg played recordings of grand jurors asking to hear from more witnesses. She said prosecutors wrongly told them subpoenas were required, although the witnesses were “present, available and willing to testify.” District Attorney Greer Staley said the defense had not followed the proper process for submitting evidence. She also argued that Busfield tried “excessively” to steer jurors toward favorable witnesses and exhibits during three hours of testimony. Busfield denied caressing the children, saying, “I'm saying that is absolutely one gazillion percent untrue. Never ever.”