A New Mexico judge dismissed child sexual abuse charges against actor and director Timothy Busfield on Friday, October 16, 2026, after finding that prosecutors improperly handled evidence and witness requests during grand jury proceedings. The ruling ends the current prosecution against the 69-year-old actor, although authorities retain the option of pursuing a new indictment.
State District Judge Joseph Montano granted Busfield’s motion to dismiss the four-count indictment. The judge found that prosecutors failed to act fairly and prevented grand jurors from hearing testimony they had requested.
The decision centers on how the prosecution conducted its case before the grand jury rather than a judicial finding about whether the alleged abuse occurred. Busfield has consistently denied the accusations and pleaded not guilty.
Judge Finds Serious Problems With Grand Jury Proceedings
Montano determined that the prosecution did not properly explain the legal process for calling witnesses. According to his ruling, prosecutors introduced procedural requirements that effectively prevented grand jurors from hearing additional testimony.
The judge wrote that the prosecution had failed to act in a fair and impartial manner. He found that the errors violated legal protections intended to preserve the integrity of New Mexico’s grand jury system.
The dispute involved witnesses who were reportedly available to testify but were never brought before the grand jury. Defense attorneys argued that prosecutors misrepresented the requirements for obtaining testimony and improperly restricted access to potentially important evidence.
The grand jurors had specifically requested additional witnesses, according to recordings presented during a September hearing. Busfield’s legal team maintained that those individuals were ready and willing to appear.
Attorney Amanda Fayerberg argued that prosecutors incorrectly told jurors they needed subpoenas before hearing from the witnesses. She said this requirement had been used to prevent the presentation of testimony that could have supported the defense.
The prosecution disputed that interpretation. District Attorney Greer Staley argued that the defense had not followed the proper process for introducing evidence and that Busfield had attempted to steer the grand jury toward favorable witnesses during his testimony.
Montano ultimately agreed that the prosecution’s handling of the proceedings had compromised the process. His ruling invalidated the indictment without preventing the state from beginning another criminal proceeding.
Allegations Stemmed From Television Production
The criminal case arose from allegations involving two young brothers who worked on the Fox television drama The Cleaning Lady in Albuquerque. Busfield served as a director and executive producer on the series.
The children's parents accused Busfield of inappropriate physical contact with the boys during the production. The allegations concerned incidents reportedly occurring in 2022 and 2023, when the children were younger than their age of 11 at the time the investigation became public.
According to a criminal complaint, one boy told investigators that Busfield touched his private areas over his clothing on two occasions. His twin brother also reported inappropriate touching but did not provide the same level of detail about the alleged contact.
Busfield denied touching either child inappropriately. His attorneys maintained that the accusations arose after the boys were dropped from the television production and argued that the parents had encouraged false allegations.
Those claims about the parents were allegations made by the defense and were not established as facts by the dismissal ruling.
Investigators with the Albuquerque Police Department examined the accusations before criminal charges were pursued. An arrest warrant was issued on January 9, 2026, and Busfield surrendered to authorities on January 13.
He was subsequently released from custody pending trial. A judge found insufficient evidence of a pattern of similar criminal conduct involving children in his past.
A grand jury indicted Busfield in February on four felony counts involving criminal sexual contact with a minor. He entered a not-guilty plea and challenged the prosecution’s handling of the case.
Defense Challenged the Indictment in June
Busfield’s attorneys filed a motion in June seeking to have the indictment thrown out. They argued that prosecutors had ignored information favorable to the defense and improperly limited the evidence available to grand jurors.
The dispute came before the court during a September 25 hearing, when the defense presented recordings from the grand jury proceedings. Those recordings became central to the argument that prosecutors had obstructed requests for additional testimony.
The Associated Press reported that jurors had asked to hear witnesses who were present and willing to testify. The defense argued that the prosecution’s explanation of the subpoena process had prevented that testimony from being heard.
Busfield also testified before the grand jury for approximately three hours. During his appearance, he denied the allegations and described the damage the criminal investigation had caused to his career and family.
He said he had lost professional opportunities and had been dropped by his agency. He also described being removed from projects as the accusations became public.
The actor maintained that the allegations were false. His legal team argued that the investigation and indictment had already caused substantial personal and professional harm before the case reached trial.
Prosecutors May Pursue Another Indictment
The dismissal does not amount to an acquittal following a criminal trial. The judge did not determine whether Busfield committed the alleged offenses or whether the accusations were false.
Instead, Montano found that the process used to obtain the indictment failed to meet legal requirements. That distinction leaves prosecutors with the possibility of pursuing the allegations through new proceedings.
The Bernalillo County District Attorney’s Office said it was reviewing the decision and had not determined whether another indictment would be sought.
Prosecutors could seek to present the case to a new grand jury if they decide that another prosecution is warranted. Any renewed effort would need to address the procedural problems identified in the dismissal ruling.
The original charges carried serious potential penalties. Prosecutors previously said each count could result in a prison sentence of six years, with possible enhancements under applicable law.
For now, the four-count indictment has been dismissed, removing the immediate criminal proceedings that had been moving toward trial.
Busfield’s Career and Public Response
Busfield is known for his performances in television and film, including Thirtysomething, The West Wing and Field of Dreams. He won a Primetime Emmy Award for his supporting role in Thirtysomething.
Alongside his acting career, he has worked extensively as a television director and producer. His credits include directing episodes of several established television dramas.
The criminal allegations brought significant public attention to Busfield and his family. His wife, actress Melissa Gilbert, publicly supported him throughout the legal proceedings.
Gilbert, best known for playing Laura Ingalls Wilder on Little House on the Prairie, previously described the accusations and the resulting legal battle as deeply disruptive to their lives.
Busfield’s attorneys have maintained that he is innocent and have challenged both the allegations and the methods used by investigators and prosecutors. The judge’s latest decision supports their challenge to the grand jury proceedings but does not independently resolve the factual accusations.
The next decision belongs to the Bernalillo County District Attorney’s Office. As of October 16, prosecutors had not announced whether they would seek another indictment following the court’s dismissal of the charges.