Judge dismisses child sexual abuse charges against actor Timothy Busfield, citing prosecutorial misconduct
A New Mexico judge ruled the prosecution improperly instructed grand jurors on witness testimony procedures, allowing Busfield to escape charges but leaving the door open for refiling.
What happened
A state court judge in New Mexico dismissed charges of child sexual abuse against actor and director Timothy Busfield on Friday, ruling that prosecutors failed to act fairly during grand jury proceedings. Judge Joseph Montano found that the prosecutor incorrectly told grand jurors that at least eight of them would need to agree before additional witnesses could be called, which had the effect of preventing jurors from requesting witness testimony they wanted to hear. Busfield, 69, had been charged in February with four counts including groping one of two twin brothers, who alleged the contact occurred over a two-year period when they were seven and eight years old during production breaks on the Fox drama The Cleaning Lady. Busfield has steadfastly denied the allegations, calling them "lies." The prosecutor's office said it was evaluating its options; Judge Montano indicated new charges could still be pursued.
Context
The dismissal does not resolve the underlying allegations but removes the current legal jeopardy Busfield faced. The judge's finding of prosecutorial misconduct in grand jury procedures is a procedural flaw rather than a determination of innocence. The ruling leaves open the possibility that the prosecution could refile charges if it follows proper grand jury procedures. For the alleged victims and their family, the dismissal means the case does not proceed to trial at this stage.
What's disputed
The factual allegations against Busfield remain disputed. The actor denies the charges; the prosecution presented evidence supporting them to the grand jury. The judge's ruling addresses only whether grand jury procedures were followed correctly, not whether the underlying conduct occurred.