A New Mexico judge on Friday dismissed the indictment against actor Timothy Busfield, ruling that prosecutors failed to act impartially during the grand jury proceedings.
Busfield was indicted in February for groping a 7-year-old boy on the set of “The Cleaning Lady,” a Fox show he worked on as a director. He maintains his innocence.
In his ruling, Judge Joseph Montano said prosecutors obstructed grand jurors who wanted to hear defense witnesses. Some eight potential witnesses were sitting in the hallway outside, but were not called to testify.
“The prosecutor failed to act fairly and impartially, including failing to properly instruct the grand jury on the law relating to subpoenaing witnesses and failing to instruct the grand jurors on a proceeding that actually withheld requested witnesses,” the judge wrote. “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.”
Prosecutors have the option to seek another indictment, but have not yet decided whether they will.
“Our office has received the order and is evaluating our options to determine how we will proceed,” said a spokesperson for Albuquerque’s Second Judicial District Attorney.
Busfield, best known as a star of “The West Wing” and “Thirtysomething,” was accused of groping a boy who worked as a child actor on “The Cleaning Lady” in 2022. In an interview with investigators, Busfield said the boys’ parents were seeking “revenge” after the boys were not hired for the show’s final season.
Busfield’s lawyers gave him a polygraph test, which he passed. Warner Bros. TV, which produced the show, conducted its own investigation after a separate allegation was raised via SAG-AFTRA in late 2024. WBTV’s investigation was unable to substantiate the claim.
Busfield and an Albuquerque police detective were the only two witnesses to appear before the grand jury. During his testimony, Busfield cited WBTV’s investigation and said other witnesses could testify.
According to the ruling, some of the grand jurors requested to hear additional witnesses three times. However, the prosecutor told them that at least eight of them would have to agree for a subpoena to be issued, and that all 12 would have to return at a later date to hear that testimony.
The judge said no such requirements existed, pointing out that the witnesses were in the room. The judge found that this had “the practical effect of unilaterally denying witnesses requested by grand jurors.”
“These actions are consistent with neither the letter nor the spirit of grand jury laws,” Montano concluded.
Amber Fayerberg, Busfield’s attorney, said he was “relieved and grateful today.”
“The grand jurors kept asking to hear from the people who were on set with him,” she said. “These witnesses were sitting in the hallway, ready to tell the grand jury what they saw, and what they saw showed that Tim is innocent. The prosecution wouldn’t let them in, and the Court saw this for what it was: a violation of the grand jury laws that protect the integrity of our justice system. We know this may not be the end. If the State chooses to try again, Tim is ready, and so are these witnesses.”
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