New Mexico judge dismisses Timothy Busfield indictment over grand jury misconduct

A New Mexico judge has dismissed a four-count indictment accusing actor and director Timothy Busfield of criminal sexual contact with a child, ruling that prosecutorial misconduct undermined the grand jury process.

State District Judge Joseph Montano granted the defense motion in a decision released Friday. He wrote that the prosecutor failed to act fairly and impartially, including by improperly instructing grand jurors about procedures for requesting additional witnesses and effectively withholding witnesses they had sought to hear. The ruling does not prevent prosecutors from seeking another indictment. Prosecutors said Friday that they had not decided whether to do so.

The allegations involved twin boys who worked on the television series “The Cleaning Lady,” which Busfield directed and produced in Albuquerque. According to a criminal complaint filed in January, one boy said Busfield touched his private areas over his clothing when he was 7 and again when he was 8. His twin also alleged that Busfield touched him but did not specify where.

Busfield, 69, has repeatedly denied the allegations, calling them lies motivated by revenge. His attorneys have argued that the boys initially told police he had not touched them inappropriately and accused their parents of coaching them after the children lost roles on the show.

Attorney Amber Fayerberg said Busfield was “relieved and grateful” following the dismissal.