A New Mexico judge has dismissed Timothy Busfield’s indictment on child sexual abuse charges.
According to court documents obtained by Us on Friday, October 16, Judge Joseph Montaño granted the actor’s motion to quash the indictment on four counts of criminal sexual contact of a minor.
“The prosecuting attorney failed to act in a fair and impartial manner, including the failure to properly instruct the grand jury on the law for calling witnesses and in instructing the grand jurors on a procedure that effectively withheld requested witnesses,” the judge wrote in court documents, citing prosecutorial misconduct and errors that compromised the legal process. “In doing so, the grand jury proceedings were conducted in a manner that violated grand jury statutes designed to protect the structural integrity of our grand jury system and the presumption of prejudice applies.”
According to the filing, however, the state remains free to institute new criminal proceedings against Busfield, 69.
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“Our office has received the order and is evaluating our options to determine how we will proceed,” Bernalillo County District Attorney’s Office spokesperson Nancy Laflin said in a statement to People.
Us has reached out to Busfield’s team for additional comment.
The ruling comes nearly four months after Busfield’s attorneys filed a motion to quash a grand jury indictment.
The Field of Dreams actor and his legal team asked a judge to toss the indictment because the state of New Mexico had allegedly “abdicated its role in administering justice,” according to documents obtained by Us in June.
“Timothy Busfield is innocent. This motion describes egregious prosecutorial misconduct during grand jury proceedings, thereby preventing the jurors from hearing testimony, witnesses and evidence even after repeated requests by the grand jury itself,” Busfield’s civil attorney Stanton “Larry” Stein claimed in a statement to Us at the time. “The government repressed and suppressed exculpatory evidence, misstated the law and failed in the most basic due process afforded any person under either Constitutional or State laws designed to protect actual innocence from abuse of government power.”
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Busfield was first indicted on child sex abuse charges by a grand jury in February.
The West Wing actor — who has pleaded not guilty to the charges — was accused of touching a child actor inappropriately in incidents that allegedly occurred on the set of The Cleaning Lady between late 2022 and early 2024, according to the Albuquerque Police Department affidavit obtained by Us.
Busfield has maintained his innocence and said during an interview with police that there was nothing “weird” about his interactions with the children on set.
If you or someone you know is experiencing child abuse, call or text Child Help Hotline at 1-800-422-4453.
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