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.