A judge cited prosecutorial misconduct and problems with grand jury procedures in dismissing four felony charges against the actor. Prosecutors may still seek a new indictment.
A New Mexico judge dismissed child sexual abuse charges against actor and director Timothy Busfield on Friday, October 16, 2026, after finding serious problems with how prosecutors handled grand jury proceedings. The ruling ends the current criminal case against the 69-year-old actor, although prosecutors could seek another indictment.
State District Judge Joseph Montano granted a defense motion to dismiss four felony counts of criminal sexual contact with a minor. The charges arose from allegations involving two young brothers who appeared in the television series The Cleaning Lady, which Busfield directed in Albuquerque.
The judge found that prosecutors had failed to properly explain how grand jurors could request additional witnesses. He also determined that the procedures used by the prosecution effectively prevented jurors from hearing testimony they wanted to consider.
Busfield, known for his performances in The West Wing, Thirtysomething and Field of Dreams, has consistently denied the allegations.
Judge Cites Prosecutorial Misconduct in Timothy Busfield Case
Judge Montano’s ruling focused on the fairness of the grand jury proceedings rather than determining whether the underlying allegations were true.
The court found that the prosecution failed to act fairly and impartially when grand jurors requested testimony from additional witnesses.
According to the Associated Press, the judge determined that prosecutors gave the grand jury improper instructions concerning witness requests. The resulting procedures violated safeguards intended to protect the integrity of the grand jury system.
The dismissal was based on procedural violations, not a judicial finding that Busfield was innocent of the alleged conduct.
The distinction is important because the court did not conduct a trial or weigh all the evidence that might have been presented to a trial jury.
The ruling also means that prosecutors may attempt to bring the case again through a new grand jury proceeding that complies with the law.
Allegations Stemmed From The Cleaning Lady Television Set
The allegations involved two twin brothers who worked as child actors on the Fox television drama The Cleaning Lady. Busfield directed episodes of the series during its production in Albuquerque between 2022 and 2024.
The children’s parents reported allegations of inappropriate touching after the boys were no longer working on the television show.
According to a criminal complaint filed in January 2026, one child told investigators that Busfield had touched his private areas over his clothing on separate occasions when he was seven and eight years old.
The child’s twin brother also reported being touched by Busfield but did not identify a specific location. The complaint said the boy had been reluctant to speak because he feared getting into trouble.
Busfield denied engaging in inappropriate conduct with either child.
His attorneys challenged the accusations and argued that the children initially denied inappropriate touching when questioned by investigators.
The defense also alleged that the boys’ parents had influenced their accounts after the children lost their roles on the show. Those accusations were disputed claims made by Busfield’s legal team, not findings established by the court.
Grand Jury Witness Dispute Became Central to the Ruling
Busfield’s attorneys filed a motion in June seeking dismissal of the indictment. They argued that prosecutors had prevented grand jurors from obtaining potentially important testimony.
During a September hearing, defense attorney Amanda Fayerberg played recordings of grand jurors requesting additional witnesses.
The defense said those witnesses were available and prepared to testify but were not allowed to appear because prosecutors imposed improper procedural requirements.
Fayerberg argued that the prosecution misrepresented the rules governing witness testimony and denied grand jurors access to evidence that could have affected their decision.
Prosecutors disputed the defense’s interpretation of events. Bernalillo County prosecutor Greer Staley argued that the defense had not followed the proper procedures for presenting evidence to the grand jury.
Staley also accused Busfield of attempting to influence grand jurors by directing their attention toward favorable witnesses and exhibits during his testimony.
Judge Montano ultimately sided with the defense on the procedural issue.
The court found that the grand jury’s ability to request and consider additional testimony had been improperly restricted.
Timothy Busfield Maintained His Innocence Throughout the Case
Busfield surrendered to authorities in January 2026 after an arrest warrant was issued in connection with the allegations.
He was subsequently released from custody pending further proceedings. At the time, a judge found no established history of similar allegations involving children or a pattern of criminal conduct.
A grand jury indicted him in February, allowing prosecutors to proceed without a preliminary hearing.
Busfield testified before the grand jury for approximately three hours and repeatedly rejected the accusations.
Transcripts showed that he described the allegations as false and said the criminal investigation had severely affected his personal and professional life.
He told jurors that the case had damaged his career and resulted in the loss of professional representation and employment opportunities.
His attorneys maintained that the accusations were motivated by retaliation related to the children’s departure from the television production. Prosecutors had not accepted that explanation.
Before the dismissal, Busfield faced substantial potential prison time if convicted. Each count carried a possible sentence of six years, with potential sentencing enhancements.
Defense Attorney Responds to Dismissal
Following the ruling, attorney Amanda Fayerberg said Busfield was relieved and grateful that the court had recognized the problems with the prosecution’s handling of the grand jury.
She argued that witnesses who could support Busfield’s account had been available to testify but were kept from appearing.
The defense maintained that their testimony could have provided jurors with information directly relevant to the allegations.
Fayerberg also acknowledged that the dismissal does not prevent prosecutors from pursuing another indictment.
Busfield’s legal team said it was prepared to respond if prosecutors chose to restart the case.
The Bernalillo County District Attorney’s Office said it was reviewing the ruling and had not decided whether to seek new charges.
What Happens Next in Timothy Busfield’s Case?
The dismissal removes the indictment that had been pending against Busfield and prevents the current prosecution from proceeding under those charges.
However, prosecutors may still examine their options for bringing the allegations before another grand jury.
Any renewed prosecution would have to follow the applicable legal procedures, including the requirements governing witness testimony and grand jury instructions.
The court’s decision does not determine the truth or falsity of the accusations. It establishes that the procedures used to obtain the original indictment were legally deficient.
Busfield has worked in film and television for decades and received an Emmy Award for his role in Thirtysomething. He is married to actress Melissa Gilbert, known for starring in Little House on the Prairie.
The criminal case has attracted national attention because of his entertainment career and the seriousness of the allegations.
For now, the charges against Timothy Busfield have been dismissed, and no new indictment had been announced as of October 16.
The next decision rests with New Mexico prosecutors, who must determine whether to pursue another indictment or leave the case closed.
IMAGE: Timothy Busfield in 2016. Photo: Allan Lundell / Wikimedia, taken 2016-06-08, CC BY 3.0