Judge dismisses Timothy Busfield's child sex abuse indictment; prosecutors can refile

Mixed · 2On Friday 16 October 2026, New Mexico District Court Judge Joseph Montano granted a motion by actor and director Timothy Busfield to throw out the grand jury indictment against him on child sexual abuse charges. 1 2 Right · 2The order says the state "remains free to institute new criminal proceedings," so prosecutors can refile; the Daily Mail reported they had not yet said whether they would. 1 3 Mixed · 2In his six-page order, as quoted by Deadline, Montano wrote that the prosecutor failed "to act in a fair and impartial manner," including by failing to properly instruct the grand jury on calling witnesses and using a procedure that "effectively withheld requested witnesses." 2 3

Centre · 1The judge wrote that the grand jury proceedings violated statutes meant to protect the system's structural integrity and that "the presumption of prejudice applies." He said grand jurors asked to hear witnesses the State had not presented, and that the prosecutor used an unexplained procedure and an incomplete explanation of the subpoena requirement to withhold evidence. 2 Centre · 1Bernalillo County District Attorney Sam Bregman's office told Deadline it had received the order and was "evaluating our options to determine how we will proceed." Busfield's representatives and his lawyer Larry Stein did not respond to Deadline's request for comment. 2 Mixed · 2The case stems from Busfield's time directing The Cleaning Lady, filmed in Albuquerque. The parents of twin boys let go from the show alleged he inappropriately touched the children on set. 3 2

Right · 1According to a January criminal complaint cited by the Daily Mail, one boy told an Albuquerque police investigator that Busfield touched him over his clothing on one occasion at age 7 and another at age 8, and his twin said he was also touched. Busfield, 69, has repeatedly denied the allegations, calling them lies motivated by revenge. 3 Mixed · 2Outlets differ on the charges: Fox News and the Daily Mail say four counts of criminal sexual contact of a minor, while Deadline says two counts of criminal sexual contact with a minor plus child abuse. Deadline also reports that Busfield turned himself in in January, was held without bond, and was later released, and that a hearing on his motion was held on 25 September. 1 2