A New Mexico state judge has dismissed a criminal indictment against actor Timothy Busfield, known for his roles in “The West Wing” and “Field of Dreams.” In a decision released Friday, District Judge Joseph Montano cited prosecutorial misconduct and procedural errors that undermined the grand jury process in the case, which involved allegations of criminal sexual contact with a child. Reiterating allegations that Busfield “touched or applied force to the intimate parts” of one of the boys on several occasions, the grand jury indictment followed just weeks later.
The legal case arose from Busfield’s time directing the television series “The Cleaning Lady” in Albuquerque between 2022 and 2024. The parents of two twin boys who were removed from the show’s cast alleged that the actor had touched the children inappropriately on set. A criminal complaint filed in January 2026 stated that one boy claimed he was touched on his private areas while he was 7 and 8 years old, while his brother reported being touched but did not provide specifics. Initially, after the charges were filed, Busfield turned himself in and was released pending trial, with a judge at the time noting no prior history of similar conduct.
Busfield has consistently maintained his innocence, characterizing the accusations as lies fueled by revenge. During his three-hour testimony before the grand jury, the actor, who also appeared in “Thirtysomething,” stated that the situation had severely impacted his career and family, noting that he had been effectively “canceled” and dropped by his agency. Regarding the specific allegations, he testified: “I’m saying that is absolutely one gazillion percent untrue. Never ever.”
The defense team, led by attorney Amanda Fayerberg, successfully argued that prosecutors engaged in “egregious prosecutorial misconduct.
In a September hearing, Fayerberg presented audio recordings of jurors requesting to hear from additional witnesses, which prosecutors allegedly discouraged by incorrectly claiming that subpoenas were required for individuals who were already present and willing to testify. Furthermore, the defense contended that the children had originally told police they were not touched inappropriately, alleging that their parents coached them to provide incriminating testimony only after the boys were cut from the show. In June, Busfield’s attorneys officially asked the court to throw out the indictment, alleging in a motion that prosecutors were “willfully blind to the lack of evidence” and “invented procedural hurdles” to keep grand jurors from hearing witness testimony. According to she, Prosecutors wrongly informed jurors that subpoenas would be needed, even though those witnesses were “present, available and willing to testify.”.
Bernalillo County District Attorney Greer Staley defended the state’s actions, arguing that the defense failed to follow proper protocols for submitting evidence. Staley also claimed that Busfield had improperly attempted to influence grand jurors toward his own witnesses and exhibits during the proceedings. Each count of the indictment carried a potential six-year prison sentence, which could have been subject to further enhancement.
Following the dismissal, Fayerberg stated that her client was “relieved and grateful” for the court’s ruling. While the charges have been dropped, the District Attorney’s office has not yet announced if they intend to seek a new indictment. Fayerberg noted that if the state decides to pursue the case again, both Busfield and his supporting witnesses are prepared to defend against the allegations. “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.”.
