New Mexico judge tosses charges against actor Timothy Busfield, citing
prosecutor misconduct
[October 19, 2026]
By SUSAN MONTOYA BRYAN and SAVANNAH PETERS
ALBUQUERQUE, N.M. (AP) — A New Mexico judge has dismissed an indictment
against “West Wing” and “Field of Dreams” actor Timothy Busfield that
accused him of criminal sexual contact with a child, citing
prosecutorial misconduct and errors that undermined the grand jury
process.
State District Judge Joseph Montano granted a defense motion to toss the
charges in a decision released Friday.
Busfield has repeatedly denied the allegations, describing them as lies
motivated by revenge. In an email Friday, Busfield's attorney Amber
Fayerberg said he was “relieved and grateful" after reading the judge's
decision.
Prosecutors said Friday they had not yet decided whether to pursue
another indictment.
The case stems from when Busfield was directing the TV series “The
Cleaning Lady” from 2022 to 2024. The parents of two twin boys who were
let go from the show claimed that Busfield inappropriately touched the
children on the set in Albuquerque.
According to a criminal complaint filed in January, an investigator with
the Albuquerque Police Department said a boy reported that Busfield
touched him on his private areas over his clothing on one occasion when
he was 7 years old and another time when he was 8. The boy’s twin
brother told authorities he was also touched by Busfield, but he did not
specify where and didn’t say anything because he didn’t want to get in
trouble, the complaint said.
Busfield turned himself in and was released from jail pending trial by a
judge who found no pattern of criminal conduct or similar allegations
involving children in Busfield’s past.
The grand jury indictment followed just weeks later, reiterating
allegations that Busfield “touched or applied force to the intimate
parts” of one of the boys on several occasions. The indictment allowed
the case to proceed without a preliminary hearing on evidence.
Busfield’s attorneys noted that the children told police during initial
interviews that Busfield didn’t touch them inappropriately and accused
the boys’ parents of coaching their children to give incriminating
statements after the boys lost lucrative roles on the show.
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 In June, Busfield’s attorneys
officially asked the court to throw out the indictment, alleging in
a motion that prosecutors were “willfully blind to the lack of
evidence” and “invented procedural hurdles” to keep grand jurors
from hearing witness testimony.
During a September hearing, Fayerberg played audio
recordings of grand jurors asking to hear from additional witnesses.
She said prosecutors wrongly informed jurors that subpoenas would be
needed, even though those witnesses were “present, available and
willing to testify.”
“The state engaged in egregious prosecutorial misconduct,” Fayerberg
said.
Bernalillo County District Attorney Greer Staley countered that the
defense hadn’t followed the correct process for submitting evidence
to a grand jury and that Busfield himself improperly and
“excessively” tried to steer grand jurors toward favorable witnesses
and exhibits during his three-hour testimony.
According to the transcripts of the proceedings submitted by
Busfield’s attorneys, the actor also known for appearances in
“Thirtysomething” told jurors that the case had turned his life
upside down and affected his entire family. He testified that he had
been “canceled,” meaning he lost work and was fired by his agency.
Busfield also testified that he had nothing to hide and when asked
about the allegations that he had caressed the children, he
answered: “I’m saying that is absolutely one gazillion percent
untrue. Never ever.”
Prosecutors had said each count in the indictment carried a possible
penalty of six years in prison that could be enhanced.
“We know this may not be the end,” Fayerberg said. “If the State
chooses to try again, Tim is ready, and so are those witnesses.”
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