Timothy Busfield's Child Sex Abuse Charges Thrown Out After Judge Finds Prosecutorial Misconduct

Child sexual abuse charges against The West Wing actor Timothy Busfield have been thrown out after a New Mexico judge found that prosecutors improperly blocked witnesses sought by grand jurors, undermining the proceedings that led to his indictment.

State District Judge Joseph Montano dismissed the four-count indictment on October 16, 2026, finding that prosecutors failed to act fairly and impartially while presenting allegations involving a child actor on the Albuquerque set of The Cleaning Lady. The ruling leaves authorities free to seek a new indictment.

Eight witnesses had been waiting outside the courtroom, ready to testify, when grand jurors repeatedly asked to hear additional evidence. Rather than calling them, prosecutors imposed voting requirements the judge later found had no basis in state law.

Busfield, 69, had pleaded not guilty and repeatedly denied the accusations. His attorneys accused prosecutors of withholding testimony and misleading jurors about their authority to hear witnesses, arguments that ultimately led to the dismissal.

The dispute began during a February 5 grand jury proceeding in which only two witnesses testified, Albuquerque police detective Marvin Brown and Busfield himself. On at least three occasions, jurors asked to hear from others, including Alan Caudillo, who was present and available to testify.

Instead, prosecutors recalled Brown to discuss Caudillo's earlier testimony at a pretrial detention hearing. Jurors continued requesting additional witnesses, prompting prosecutors to tell them that at least eight members would have to agree before another person could be called.

They also instructed jurors that all 12 members would need to agree to return for further testimony because subpoenas required 36 hours' notice. The requests stopped after those instructions, and the grand jury returned the indictment.

Montano found that prosecutors had imposed unsupported voting requirements while omitting other available options. A judge could shorten the subpoena notice period, and willing witnesses could testify without being subpoenaed.

The findings followed a September 25 hearing at which eight witnesses confirmed they had been present and prepared to testify during the February proceedings. According to the court, the prosecutor had seen them sitting in the hallway that day.

Montano concluded that the prosecutor's actions effectively withheld evidence the grand jury wanted to consider. New Mexico law requires prosecutors to assist grand jurors in independently determining whether sufficient grounds exist to bring criminal charges.

The judge found that the conduct compromised safeguards protecting that independence, triggering a legal presumption of prejudice. The violations were serious enough to invalidate the indictment, regardless of whether additional testimony would have changed the grand jury's decision.

Prosecutors defended their handling of the proceedings, arguing that Busfield's attorneys had failed to follow established procedures for identifying favorable evidence. They maintained that the actor had already presented relevant information during his testimony and that jurors stopped requesting witnesses after receiving instructions about the process.

Montano acknowledged that Busfield had not followed the required procedure for formally presenting such evidence. However, he distinguished the defense's obligations from the grand jurors' independent requests, finding that prosecutors improperly restricted their access to additional testimony.

Busfield's attorneys had challenged the indictment in June, alleging that prosecutors presented a biased account of the evidence and interfered with the grand jury's ability to evaluate the accusations. During his testimony, Busfield had pointed to an independent Warner Bros. investigation and witnesses he believed could support his defense.

The criminal case stemmed from allegations involving twin child actors who appeared on The Cleaning Lady, where Busfield worked as a director and producer. Authorities accused him of inappropriate physical contact with one of the boys during production between 2022 and 2024.

Busfield was indicted in February on four counts of criminal sexual contact of a minor. His attorneys argued that the accusations were fabricated in retaliation after the children were replaced on the television series.

The October ruling addressed misconduct during the grand jury process rather than the truth of the underlying allegations. It dismissed the indictment on procedural grounds, allowing prosecutors to pursue the case again.

Following the decision, Busfield's attorney, Amanda Fayerberg, said the actor was relieved and grateful for the ruling and remained prepared to defend himself if prosecutors brought new charges.

The Bernalillo County District Attorney's Office said it was reviewing the decision and evaluating its options. Prosecutors have yet to announce whether they will present the allegations to another grand jury.