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Judge Tosses Actor Timothy Busfield’s Criminal Sexual Abuse Charges
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Director and actor Timothy Busfield looks on before a hearing in the Second District Judicial Court at the Bernalillo County Courthouse, in Albuquerque, N.M., on Jan. 20, 2026. (Sam Wasson/Pool via Reuters)
By Jill McLaughlin
10/17/2026Updated: 10/17/2026

A New Mexico judge on Oct. 16 threw out actor Timothy Busfield’s criminal child sexual contact charges, finding that prosecutors failed to act impartially during grand jury proceedings.

Judge Joseph Montano quashed the indictment, saying the grand jury proceedings were “conducted in a manner that violated grand jury statutes” designed to protect the structural integrity of the system.

“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,” Montano wrote in the decision.

In his ruling, Montano said prosecutors impeded grand jurors who asked to hear from the defense’s witnesses. Eight of the witnesses were waiting in the hallway to testify but were not called by the prosecutor.

Busfield and an Albuquerque police detective were the only two witnesses allowed to testify to the grand jury. The indictment alleged Busfield “touched or applied force to the intimate parts” of one of the boys several times, which allowed the case to move forward without a preliminary hearing on evidence.

Prosecutors can seek another indictment against Busfield, but Bernalillo County District Attorney Sam Bregman hasn’t yet decided if he will do that.

“Our office has received the order and is evaluating our options to determine how we will proceed,” spokeswoman Nancy Laflin told The Epoch Times.

Busfield was indicted on Feb. 6 on four counts of criminal sexual contact with a child under 13. His accusers alleged the conduct occurred while directing the television series “The Cleaning Lady” in Albuquerque, New Mexico, from 2022 to 2024.

The “West Wing” and “Field of Dreams” actor vehemently denied the allegations, describing them as lies motivated by revenge. He was indicted in February on charges alleging he groped 7-year-old twin boys he directed during the show.

“They’re all lies,” Busfield said in a video. “I did not do anything to those little boys.”

The actor told investigators the boys’ parents were seeking revenge after they were not rehired for the show’s final season.

Busfield’s attorneys told the court the children reported to police that Busfield didn’t touch them inappropriately and accused the parents of coaching them.

Melissa Gilbert reacts as her husband, Timothy Busfield, is granted a conditional release at a hearing at the Bernalillo County Courthouse in Albuquerque, N.M., on Jan. 20, 2026. (AJ Skuy for Fox News Digital/Pool Photo via AP)

Melissa Gilbert reacts as her husband, Timothy Busfield, is granted a conditional release at a hearing at the Bernalillo County Courthouse in Albuquerque, N.M., on Jan. 20, 2026. (AJ Skuy for Fox News Digital/Pool Photo via AP)

The complaints were filed anonymously through the SAG-AFTRA actors union safety hotline.

Warner Bros. Studio, which produced the series, hired outside counsel to conduct an internal investigation, but was unable to confirm the claim, according to Variety.

Busfield’s attorney Amanda Fayerberg didn’t return a request for comment from The Epoch Times but told The Associated Press she was “relieved and grateful” after reading the judge’s decision.

Busfield’s wife, actress Melissa Gilbert, strongly defended her husband after his arrest and grand jury indictment. Her agent didn’t immediately return a request for comment about the decision.

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Jill McLaughlin is an award-winning journalist covering politics, environment, and statewide issues. She has been a reporter and editor for newspapers in Oregon, Nevada, and New Mexico. Jill was born in Yosemite National Park and enjoys the majestic outdoors, traveling, golfing, and hiking.