Judge throws out child sex abuse indictment against 'West Wing' actor Timothy Busfield over prosecutorial misconduct

A New Mexico judge has dismissed the grand jury indictment against actor and director Timothy Busfield that accused him of criminal sexual contact with a child, ruling that prosecutors undermined the grand jury process through misconduct.

State District Judge Joseph Montano granted the defence’s dismissal motion in a decision released on Friday, finding the prosecuting attorney “failed to act in a fair and impartial manner”, including by failing to properly instruct the grand jury on the law for calling witnesses.

According to the ruling, grand jurors requested additional witness testimony before returning the indictment, but the prosecutor told them it would require a subpoena and 36 hours’ notice — without telling them a judge could allow a shorter timeframe or that witnesses could testify willingly without a subpoena. The judge found that withholding “effectively withheld requested witnesses” and violated grand jury statutes.

Busfield, 69, best known for The West Wing and Field of Dreams, has repeatedly denied the allegations, calling them lies motivated by revenge. He was indicted in February on four counts of criminal sexual contact with a child, stemming from alleged incidents involving two twin boys, aged 7 and 8, on the Albuquerque set of Fox’s The Cleaning Lady, which he directed, between late 2022 and early 2024. He pleaded not guilty.

Prosecutors are legally permitted to present the case to a new grand jury. A spokesperson for the Second Judicial District Attorney’s Office said it was evaluating its options and had not yet decided whether to pursue another indictment.

Sources:

• CNN: https://www.cnn.com/2026/10/16/entertainment/timothy-busfield-charges-dismissed?cid=external-feeds_iluminar_meta (opened first-hand; published 16 Oct 2026)
• Reuters via KELO-FM: https://kelofm.com/2026/10/16/judge-dismisses-indictment-against-actor-timothy-busfield-on-sexual-assault-charges/ (opened first-hand; published 16 Oct 2026)
• The Times: https://www.thetimes.com/us/news-today/article/timothy-busfield-case-dimissed-jjlxr6bf5 (opened first-hand; published 16 Oct 2026)
• USA Today: https://www.usatoday.com/story/entertainment/celebrities/2026/10/16/timothy-busfield-updates-child-sex-abuse-allegations-charges-dropped/92287994007/ (opened first-hand; published 16 Oct 2026)