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A New Mexico judge dismisses charges against Timothy Busfield due to prosecutor misconduct

State District Judge Joseph Montano dismissed the indictment after reviewing a defense motion citing compromised grand jury process.

New Mexico judge tosses charges against actor Timothy Busfield, citing prosecutor misconduct
Source: ABC News Entertainment

A New Mexico judge has unexpectedly dismissed an indictment against actor Timothy Busfield, citing misconduct by prosecutors that compromised the grand jury process. State District Judge Joseph Montano made this decision after reviewing a defense motion to toss out the charges.

The indictment accused Busfield of four counts of criminal sexual contact with a child, and he has consistently denied these allegations, describing them as baseless lies motivated by revenge. Busfield's lawyer, Amanda Fayerberg, released a statement on Friday expressing her client's relief and gratitude over the judge's decision to dismiss the charges.

The case against Busfield began when he was directing the TV series "The Cleaning Lady in Albuquerque from 2022 to 2024. The parents of two twin boys who were let go from the show made allegations that Busfield had inappropriately touched their children on set.

According to a police investigation, one of the twins reported being touched by Busfield on his private areas over clothing when he was 7 years old and again when he was 8. His twin brother also claimed to have been touched by Busfield but did not specify where or say anything at the time because he feared getting in trouble.

Prosecutors have yet to decide whether they will pursue a new indictment against Busfield, who has maintained his innocence throughout this case.

A judge has dismissed charges against Timothy Busfield, citing misconduct by prosecutors in the case. The decision was made after a thorough review of the evidence presented to the grand jury.

The allegations against Busfield were initially investigated by police, who interviewed the children involved and found that they had not accused him of inappropriate behavior at first. Instead, it was later claimed that the boys' parents had coached them into making incriminating statements.

Busfield's attorneys argued that prosecutors were aware of the lack of evidence but chose to pursue the case anyway. They pointed out that the grand jury indictment relied heavily on allegations that were only made after the boys had lost their roles on a TV show in which Busfield was involved.

During a September hearing, the defense presented audio recordings of grand jurors asking to hear from additional witnesses. However, prosecutors claimed that these witnesses could not be called without first obtaining subpoenas, even though they were present and willing to testify.

Prosecutors alleged that the defense had failed to follow proper procedures for submitting evidence to the grand jury, while Busfield's attorneys countered that he had simply tried to provide context to his testimony. The judge ultimately sided with the defense, dismissing the charges against Busfield.

The trial proceedings against Timothy Busfield had a significant impact on his personal life, according to testimony submitted by the actor's attorneys. He told jurors that the case had turned his world upside down, affecting not just him but also his entire family.

Busfield testified that he had been canceled due to the allegations, resulting in lost work and even being fired by his agency. When questioned about the specific claims that he had caressed the children, Busfield categorically denied them, stating: I'm saying that is absolutely one gazillion percent untrue. Never ever."

The possibility of a retrial remains, as prosecutors had noted that each count in the indictment carried a possible penalty of six years in prison, which could be enhanced. With this outcome, it seems that Busfield's ordeal has finally come to an end.

Facts based on reporting originally published by ABC News Entertainment.

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