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Judge Dismisses Indictment Against Actor Timothy Busfield Citing Misconduct

A New Mexico judge dismissed child sex abuse charges against actor Timothy Busfield, ruling that prosecutors improperly blocked grand jurors from hearing witnesses.

Published October 16, 2026 at 7:35 PM EDT

The short answer

A New Mexico judge dismissed child sex abuse charges against actor Timothy Busfield, ruling that prosecutors improperly blocked grand jurors from hearing witnesses. State District Judge Joseph Montano dismissed a criminal indictment against actor Timothy Busfield on a Friday, citing prosecutorial misconduct and procedural errors during the grand jury process. Busfield had been accused of criminal sexual contact with a child.

Judge Dismisses Indictment Against Actor Timothy Busfield Citing Misconduct

The Facts

Who
Timothy Busfield, Judge Joseph Montano, Attorney Amber Fayerberg, District Attorney Greer Staley
What
Dismissal of child sex abuse indictment against Timothy Busfield
When
Friday (date not reported)
Where
Albuquerque, New Mexico
Why
The judge found that prosecutors failed to act impartially by withholding witnesses from the grand jury, violating statutes intended to protect the integrity of the justice system.

State District Judge Joseph Montano dismissed a criminal indictment against actor Timothy Busfield on a Friday, citing prosecutorial misconduct and procedural errors during the grand jury process. Busfield had been accused of criminal sexual contact with a child. The judge ruled that the prosecuting attorney failed to act in an impartial manner by providing improper instructions that prevented the grand jury from hearing from requested witnesses, which the court stated violated statutes designed to protect the structural integrity of the legal system.

The allegations originated from the set of the television series "The Cleaning Lady," which Busfield directed between 2022 and 2024. The parents of two twin boys who were dismissed from the production alleged that Busfield inappropriately touched the children in Albuquerque. A criminal complaint filed in January stated that one boy reported being touched on his private areas over his clothing on two occasions, while his twin brother also reported being touched but did not specify the location. Busfield turned himself in and was released pending trial after a judge found no prior pattern of similar conduct.

During the proceedings, Busfield's defense team, led by attorney Amber Fayerberg, argued that the prosecution intentionally blocked witnesses who were present and ready to testify. Fayerberg played audio recordings of grand jurors asking to speak with these witnesses, noting that prosecutors incorrectly claimed subpoenas were required. Bernalillo County District Attorney Greer Staley countered that the defense did not follow correct evidence submission procedures and alleged that Busfield himself improperly attempted to influence the jurors during his three hours of testimony.

A resident or legal professional in New Mexico would notice this ruling as a reinforcement of grand jury protocols. The judge’s decision emphasizes that prosecutors cannot use procedural hurdles to prevent grand jurors from hearing available witness testimony. If the prosecution had succeeded, Busfield faced multiple years in prison; instead, the immediate legal change is the voiding of the current indictment, though the underlying allegations remain unresolved. The ruling sets a local precedent regarding the "presumption of prejudice" when grand jury statutes are violated by the state.

The knock-on effects concern the future of the prosecution and the professional reputation of the actors and directors involved. The Bernalillo County District Attorney’s office stated on Friday that it has not yet decided whether to seek a new indictment from a different grand jury. If the state chooses to proceed, a new round of testimony and evidence presentation would be required. Busfield’s defense stated they are prepared to present their witnesses should the state attempt to refile the charges.

Timeline of what happened

Key dates and decisions, in the order they occurred.

  1. January 1, 2022

    Alleged incidents timeframe begins

    Busfield directed the TV series 'The Cleaning Lady' through 2024, during which the alleged incidents occurred.

  2. January 1, 2024

    Criminal complaint filed

    An investigator filed a complaint based on reports from two boys.

  3. June 1, 2024

    Defense requests dismissal

    Defense attorneys filed a motion to throw out the indictment alleging prosecutorial errors.

  4. September 1, 2024

    Court hearing held

    A hearing was held where audio of grand jurors asking for witnesses was played.

Summaries are written by The Plain Record to state the facts of a story plainly and without political slant. Drafted with AI assistance and checked against the source record before publication. See how we report, or report a correction.

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Questions readers ask

What happened: Judge Dismisses Indictment Against Actor Timothy Busfield Citing Misconduct?

State District Judge Joseph Montano dismissed a criminal indictment against actor Timothy Busfield on a Friday, citing prosecutorial misconduct and procedural errors during the grand jury process. Busfield had been accused of criminal sexual contact with a child.

Who is involved?

Timothy Busfield, Judge Joseph Montano, Attorney Amber Fayerberg, District Attorney Greer Staley

When did this happen?

Friday (date not reported)

Where did this happen?

Albuquerque, New Mexico

Why does this matter?

The judge found that prosecutors failed to act impartially by withholding witnesses from the grand jury, violating statutes intended to protect the integrity of the justice system.