A New Mexico judge on Friday threw out an indictment against actor Timothy Busfield, finding that prosecutors failed to act in an impartial manner during the grand jury proceedings.
Busfield was indicted in February on charges of groping a 7-year-old boy on the set of “The Cleaning Lady,” a Fox show on which he worked as a director. He maintains his innocence.
In his ruling, Judge Joseph Montano found that prosecutors had impeded grand jurors who wanted to hear from defense witnesses. Some eight potential witnesses were sitting in the hallway outside, but were not called to appear.
“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,” 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 of seeking another indictment, but have yet to decide whether to do that.
“Our office has received the order and is evaluating our options to determine how we will proceed,” said a spokesperson for the Second Judicial District Attorney in Albuquerque.
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 that the boys’ parents were seeking “revenge” after the boys were not hired for the show’s final season.
Busfield’s attorneys had him take a polygraph test, which he passed. Warner Bros. TV, which produced the show, conducted its own investigation after a separate allegation was raised through SAG-AFTRA in late 2024. The WBTV 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 the WBTV investigation and said that other witnesses would be able to testify.
According to the ruling, some of the grand jurors asked to hear from additional witnesses on three occasions. However, the prosecutor told them that at least eight of them would have to agree in order for a subpoena to be issued, and that all 12 would have to return on a later date to hear that testimony.
The judge stated that no such requirements exist, noting that the witnesses were in the hall. The judge found that this had “the practical effect of unilaterally withholding witnesses requested by the grand jurors.”
“These actions are not in line with either the letter or the spirit of the grand jury laws,” Montano concluded.
Amber Fayerberg, Busfield’s attorney, said that he is “relieved and grateful today.”
“The grand jurors kept asking to hear from the people who were on set with him,” she said. “Those witnesses were sitting in the hallway, ready to tell the grand jury what they saw, and what they saw shows that Tim is innocent. The prosecution would not let them in, and the Court saw that 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 those witnesses.”