A New Mexico judge quashed actor Timothy Busfield’s indictment after finding that a prosecutor mishandled grand jurors’ requests for witnesses, leaving the state free to bring new criminal proceedings.
State District Judge Joseph Montano’s order, issued Friday, Oct. 16, set aside an indictment charging Busfield with four counts of criminal sexual contact of a minor. The ruling addressed the grand jury process, not whether Busfield committed the alleged acts.
Several grand jurors asked at least three times to hear from people beyond Busfield and Detective Marvin Brown, the only two witnesses who testified before the panel, the order says. The prosecutor told jurors that eight of them would have to agree another witness was needed. The prosecutor also said all 12 would have to return because of a 36-hour subpoena requirement. Montano wrote that no further witness requests followed.
At a Sept. 25 hearing, eight people testified that they had been present and willing to appear before the grand jury. Montano found that the prosecutor’s instructions effectively kept the requested witnesses from the panel and violated statutes protecting the grand jury process.
The grand jury indicted Busfield on Feb. 5. He pleaded not guilty in a Feb. 11 court filing.
The Associated Press reported that the parents of twin boys who appeared on The Cleaning Lady accused Busfield of touching the children inappropriately on its Albuquerque set. AP reported that he directed the series from 2022 to 2024 and has denied the allegations.
Busfield’s lawyer, Amber Fayerberg, told AP in an email that he was “relieved and grateful” after reading the order. Montano said the state may start new criminal proceedings. As of Oct. 16, prosecutors had not decided whether to seek another indictment, AP reported.
