New Mexico Judge Dismisses Indictment Against Actor Timothy Busfield

On Friday, October 16, 2026, a New Mexico judge dismissed an indictment against actor Timothy Busfield for four counts of criminal sexual contact with a child[1][2][3][5][8]. State District Judge Joseph Montano granted Busfield's defense motion to dismiss the charges, stating that the prosecuting attorney "failed to act in a fair and impartial manner" during the proceedings[1][2][3][4][6]. The judge also found that errors undermined the grand jury process[2][3][7][9].

This dismissal impacts the integrity of legal proceedings, particularly in cases involving serious allegations, by demonstrating the importance of fair and impartial conduct by prosecutors. It shows how the justice system protects the rights of the accused and ensures due process.

What the records show

Judge Montano's decision, released Friday, found that "the prosecuting attorney failed to act in a fair and impartial manner"[1][2]. Court documents indicated that 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"[2]. Specific errors cited included prosecutors misrepresenting the admissibility of lie detector evidence to the grand jury and failing to call certain witnesses requested by the grand jury[11]. The indictment against Busfield accused him of four counts of criminal sexual contact with a child[8][9][11][14]. The charges related to allegations involving two twin boys during Busfield's time directing the TV series “The Cleaning Lady” in Albuquerque from 2022 to 2024[9][10][12][13][14]. One boy claimed Busfield touched him on his private areas over his clothing on two occasions[12]. The boy's brother also told authorities Busfield touched him, though he did not specify where[12].

The timeline

The investigation into Busfield began in November 2024[13]. A criminal complaint was filed in January 2026, leading to an arrest warrant for two counts of criminal sexual contact with a child[12]. Busfield turned himself in to authorities in January 2026 and a judge released him after finding no pattern of criminal conduct or similar allegations in his past[14]. A grand jury formally indicted Busfield on four felony counts in February 2026[13][14]. The alleged conduct occurred between October 19, 2022, and September 10, 2023, and again between September 11, 2023, and May 30, 2024[13]. Judge Montano granted the motion to dismiss the indictment on October 16, 2026[2][3][5][8].

What changed and for whom

With the dismissal of the indictment, the child sex abuse charges against Timothy Busfield are currently thrown out[2][3][5][7]. Busfield, known for his roles in “The West Wing” and “Field of Dreams,” had repeatedly denied the allegations[5][9][10][11]. His attorney, Amanda Fayerberg, stated that Busfield was "relieved and grateful" following the judge's decision[10]. This ruling removes the immediate legal threat from this specific indictment, although the judge's decision allows prosecutors to pursue new charges[12].

What we could not confirm

Prosecutors did not immediately say whether they would seek a new indictment[5][9][10]. A spokesperson for New Mexico's Second Judicial District Attorney's Office indicated they were evaluating their options as of Friday afternoon[12]. It remains unclear if new charges will be filed against Busfield[12].