A New Mexico judge has thrown out the criminal sexual contact indictment against actor Timothy Busfield, ruling that prosecutors failed to act fairly and impartially during the grand jury process. State District Judge Joseph Montano granted the defense motion to dismiss on Friday, Oct. 16, 2026, according to The Associated Press.
Busfield, known for roles in “The West Wing,” “Field of Dreams,” and “Thirtysomething,” had been accused of inappropriately touching one of two twin boys on the set of “The Cleaning Lady” in Albuquerque. The dismissal ends the indictment but is not a ruling on whether the underlying allegations are true. It addresses only how prosecutors handled the grand jury presentation.
What Happened In The Case
Busfield directed episodes of “The Cleaning Lady” from 2022 to 2024, the period when the alleged incidents occurred. According to a criminal complaint filed in January, one of the twin boys told authorities Busfield touched him over his clothing on his private areas when he was 7 years old and again at age 8. The boy’s twin brother said he was also touched but did not specify where, telling investigators he kept quiet because he did not want to get in trouble.
Busfield turned himself in and was released from jail pending trial after a judge found no pattern of criminal conduct or prior allegations involving children. Weeks later, a grand jury indictment repeated claims that Busfield touched or applied force to one boy’s intimate parts on multiple occasions, allowing the case to move forward without a preliminary evidentiary hearing.
In June, Busfield’s attorneys moved to throw out that indictment, arguing prosecutors were willfully blind to a lack of evidence and created procedural obstacles that kept grand jurors from hearing available witnesses. At a September hearing, defense attorney Amanda Fayerberg played audio of grand jurors asking to hear additional testimony. Fayerberg argued prosecutors wrongly told jurors that subpoenas were required for witnesses who were present, available and willing to testify.
Responses From Both Sides
Bernalillo County District Attorney Greer Staley pushed back, saying the defense had not followed proper procedure for submitting evidence to the grand jury. Staley also alleged that Busfield himself improperly and excessively tried to steer jurors toward favorable witnesses and exhibits during three hours of testimony.
Busfield testified that the case upended his life and his family, telling the court he had been canceled, lost work and was dropped by his talent agency. He has consistently denied the allegations, calling them lies driven by revenge. “I’m saying that is absolutely one gazillion percent untrue. Never ever,” Busfield said.
His attorneys have also contended that the children initially told police during early interviews that Busfield had not touched them inappropriately, and accused the parents of coaching the boys to give incriminating statements after they lost roles on the show. Following the judge’s ruling, Fayerberg said in an email Friday that Busfield was relieved and grateful.
What The Dismissal Means
Judge Montano’s ruling centers on fairness and impartiality in how the grand jury process was conducted, not on the credibility of the abuse allegations themselves. A dismissed indictment removes the current charges but does not amount to a finding that Busfield is innocent, just as the original indictment was never proof of guilt.
What’s Next
It is unclear whether prosecutors will appeal the dismissal or pursue the case through another avenue. No further court dates have been reported.
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