A New Mexico state court judge on Friday dismissed child sexual abuse charges against “West Wing” actor and director Timothy Busfield, ruling that prosecutors failed to act in a fair and impartial manner during grand jury proceedings. The decision leaves the door open for the district attorney’s office to pursue new charges against the 69-year-old actor.
Judge Cites Prosecutorial Misconduct
Judge Joseph Montano said the prosecution improperly instructed grand jurors on the procedure for requesting testimony from additional witnesses. Specifically, the prosecutor incorrectly told panel members that at least eight of them would need to agree before a witness could be called to testify.
“The prosecuting attorney failed to act in a fair and impartial manner,” Montano wrote, adding that the lawyer’s actions “had the practical effect of unilaterally withholding witnesses requested by the grand jurors.”
A spokesperson for the Second Judicial District Attorney Office of New Mexico said the office was evaluating its options following the ruling.
Allegations and Denials
Busfield had been charged in February in a four-count grand jury indictment accusing him of groping one of two twin brothers on the Albuquerque set of the Fox television drama “The Cleaning Lady,” where he served as a director and producer. According to a criminal complaint filed in January, the twins reported that the alleged contact occurred over a two-year period, when they were aged 7 and 8, during breaks in production.
The actor has steadfastly professed his innocence, calling the allegations against him “lies.” His attorneys had asked for the charges to be dismissed.
A Veteran Television Career
Busfield is best known for his prime-time television roles as a White House reporter on the NBC political drama “The West Wing” and as an advertising agency executive on the ABC ensemble series “Thirtysomething.” He also appeared in the baseball film “Field of Dreams,” starring Kevin Costner.
The dismissal does not clear Busfield of the allegations, and prosecutors may still bring the case back before a new grand jury. The ruling represents a significant procedural setback for the prosecution, which must now decide whether to refile charges under corrected grand jury instructions.
