Judge Throws Out Indictment Against Actor Timothy Busfield

By Tom Whitfield

A New Mexico judge on Friday dismissed the indictment against actor Timothy Busfield, ruling that prosecutors violated grand jury law by blocking jurors from hearing defense witnesses — eight of whom were sitting in the hallway outside the courtroom.

Judge Joseph Montano found that the prosecution impeded grand jurors who asked, on three separate occasions, to hear from additional witnesses. The prosecutor told jurors that at least eight of them had to agree before a subpoena could issue, and that all 12 would have to return on a later date to hear the testimony.

No such requirements exist, Montano wrote.

What did the judge actually find?

Busfield, best known for "The West Wing" and "Thirtysomething," was indicted in February on charges of groping a 7-year-old boy on the set of "The Cleaning Lady," a Fox series he directed. The alleged incident dates to 2022. Busfield maintains his innocence.

In his ruling, Montano wrote: "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 result, he found, "violated grand jury statutes designed to protect the structural integrity of our grand jury system," triggering a presumption of prejudice.

Montano concluded: "These actions are not in line with either the letter or the spirit of the grand jury laws."

What evidence did the defense present?

Only two witnesses appeared before the grand jury: Busfield himself and an Albuquerque police detective. During testimony, Busfield cited a Warner Bros. TV investigation and said other witnesses could testify.

The record around the case contains several defense-friendly elements:

• Busfield passed a polygraph test administered on his attorneys' initiative.
• Warner Bros. TV, which produced the show, investigated a separate allegation raised through SAG-AFTRA in late 2024 and was unable to substantiate it.
• In an interview with investigators, Busfield said the boy's parents sought "revenge" after the children were not hired for the show's final season.

A polygraph is not admissible as evidence in most courts, and a studio inquiry is not a criminal investigation. Neither clears Busfield in legal terms; the ruling rests on procedure, not on the merits of the allegations.

What did Busfield's attorney say?

Amber Fayerberg, Busfield's attorney, said her client is "relieved and grateful today."

"The grand jurors kept asking to hear from the people who were on set with him," Fayerberg 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."

She acknowledged the dismissal may not end the matter: "We know this may not be the end. If the State chooses to try again, Tim is ready, and so are those witnesses."

What happens next?

The dismissal does not bar prosecutors from trying again. They have not decided whether to.

"Our office has received the order and is evaluating our options to determine how we will proceed," a spokesperson for the Second Judicial District Attorney in Albuquerque said.

What does this change for Busfield? Not his legal exposure — the state can seek a fresh indictment at any time — but the terms of the fight: any second grand jury will now proceed under judicial scrutiny of how witnesses are called.