The New Mexico ruling found prosecutors improperly handled grand jury witness requests, though the state remains free to pursue new criminal proceedings.
ALBUQUERQUE, NM — A New Mexico judge has dismissed a four-count grand jury indictment against actor and director Timothy Busfield, ruling that prosecutors failed to act fairly and impartially during proceedings that accused him of criminal sexual contact with a minor.
State District Judge Joseph A. Montano granted Busfield’s motion to quash the indictment in an order filed Friday, Oct. 16. The ruling does not amount to a finding on whether the underlying allegations are true. Montano said the state may begin new criminal proceedings against Busfield, and the Second Judicial District Attorney’s Office said it was evaluating its options. Busfield, 69, has denied the allegations.
The case arose from allegations involving two child actors, twin brothers, who appeared on the Fox television drama “The Cleaning Lady” while Busfield worked on the production as a director and producer in Albuquerque. A criminal complaint filed earlier this year alleged inappropriate contact involving the boys when they were children. The February grand jury indictment charged Busfield with four counts of criminal sexual contact of a minor.
Montano’s decision focused on the way prosecutors handled the grand jury rather than on resolving the factual dispute between Busfield and his accusers. According to the court order, the only witnesses who appeared before the grand jury were Albuquerque police Detective Marvin Brown and Busfield himself. During his testimony, Busfield referred to other people who were available to testify, along with an independent Warner Bros. investigation and a polygraph examination he had taken.
The judge found that several grand jurors asked about hearing from additional witnesses. Prosecutors told them a subpoena would be needed and would require 36 hours’ notice, according to the ruling. Montano said jurors were not told that a judge could approve a shorter period or that a subpoena was unnecessary for witnesses who were willing to appear voluntarily.
The court also found that prosecutors described a procedure requiring eight grand jurors to agree before hearing another witness and then requiring all 12 jurors to agree to return later for additional testimony. Montano wrote that the state did not identify a rule or law requiring that procedure. He concluded that the approach had “the practical effect of unilaterally withholding witnesses requested by the grand jurors.”
Montano said the prosecuting attorney “failed to act in a fair and impartial manner,” including by failing to properly instruct jurors about how they could call witnesses. He found that the problems violated laws meant to preserve the integrity of the grand jury system. The court therefore granted the defense request to throw out the indictment.
Busfield’s lawyers had formally moved to quash the indictment in June. The state opposed the request, and the court later held a hearing on the dispute in September. The judge noted that Busfield had not used a separate legal procedure available to defendants seeking to alert a grand jury to potentially exculpatory evidence. Montano nevertheless found that the issue before him was different: whether prosecutors improperly interfered with the grand jury’s own efforts to hear additional witnesses.
Busfield has repeatedly denied wrongdoing. His attorney, Amber Fayerberg, said after the ruling that he was relieved and grateful. She argued that people who had been on the television set were available to testify and that the grand jury had wanted to hear from them. The defense has also disputed the allegations and challenged the circumstances under which they were reported.
The allegations became public after authorities pursued charges earlier in 2026. Busfield turned himself in and was released while the case proceeded. He later entered a not guilty plea. Before the indictment was dismissed, the criminal case had been moving toward a future jury trial.
The accusations have remained allegations and were not adjudicated at trial. The dismissal means the February indictment no longer provides the basis for that prosecution, but it does not prevent prosecutors from seeking another indictment or otherwise starting new proceedings if they choose. The district attorney’s office had not announced a final decision on its next step as of Saturday.
Busfield is known for acting roles in television series including “Thirtysomething” and “The West Wing” and for appearing in the film “Field of Dreams.” He has also worked extensively as a television director and producer. The current legal question is now whether New Mexico prosecutors will attempt to bring the case again after the judge’s ruling on the grand jury process.
Author note: Last updated October 17, 2026.