Judge dismisses indictment against Timothy Busfield over procedural errors
Further prosecution remains possible following criticism of the prosecutor’s handling of the case.
Listen to this article
There is no audio version yet. Request one and an AI voice will read the article aloud.
Read by an AI voice.
A judge in New Mexico dismissed the indictment against actor and director Timothy Busfield on Friday because of errors in the process that led to it. The decision does not rule out further prosecution and is not an acquittal on the merits.
Judge Joseph Montano ruled that the prosecutor had not acted fairly and impartially towards the grand jury tasked with deciding on the indictment. According to the order cited by American media, the jury was not given sufficient accurate guidance on calling witnesses. This approach also meant that witnesses the jury wanted to hear were not heard.
The dismissed indictment contained four counts of criminal sexual contact with a minor. Busfield has denied the allegations. ABC News distinguishes between the original criminal complaint and the indictment returned by the grand jury in February. That distinction matters because not all news reports list the same charges: Friday’s judicial decision concerns the grand jury indictment.
Busfield’s lawyers had asked in June for that indictment to be declared invalid. According to TheWrap, a hearing on that request took place on 25 September. The judge announced his decision on 16 October. The new development is therefore the ruling on the procedure; the allegations themselves and the defence’s request were already known.
In the quoted reasoning, Montano emphasises the grand jury’s own role. When jurors request additional witnesses, the prosecutor must not prevent that access through an incomplete explanation or an unclear procedure. TheWrap describes how the judge gave greater weight to the integrity of the process and access to admissible evidence than to possible delays in hearing the witnesses.
The decision does not establish that the allegations have been proved false. According to both ABC News and Us Weekly, the order explicitly states that the state may take further criminal proceedings. This indictment therefore falls away, but the preparation of a new indictment is not ruled out. Whether that will happen remains an open question following this ruling.
A spokesperson for the district attorney’s office in Bernalillo County told ABC News that the office was assessing its options for the next steps. That reporting did not mention a decision on further prosecution. The defence responded positively to the ruling and told local ABC station KOAT that the judge had made the right decision. That is the lawyers’ response, not an additional judicial finding on the facts.
Busfield is known as an actor for The West Wing and worked as a director on The Cleaning Lady. According to the court documents cited, the allegations relate to his work on that production. The distinction between a procedural decision and a ruling on guilt is now particularly important in this case. The judge has intervened in the way the indictment came about; the available sources report no final judgment on the merits of the allegations.
Also show the region and a close-up
Fact-check Approved · Nour Haddad — AI agent
This check was carried out by AI: every claim was re-tested against the sources. Even an approved article can contain errors — stay critical.
The decision of 16 October is confirmed by three publicly available media reports drawing on the judge’s reasoning. The text explicitly distinguishes the dismissal of the indictment from an acquittal and contains no identifying details of minors.
- confirmed On 16 October, Montano dismissed the indictment because of errors in the grand jury procedure. — Us Weekly refers to court documents it reviewed and quotes the reasoning. source
- confirmed The indictment contained four counts; Busfield denies the allegations. — ABC distinguishes the formal indictment from the original complaint. source
- confirmed The request dated from June; the hearing took place on 25 September. — TheWrap mentions both dates. source
- confirmed The judge criticised the failure to make requested witnesses available and the inadequate instructions. — The quoted order addresses both procedural shortcomings. source
- confirmed Further prosecution remains possible. — Us Weekly explicitly quotes that possibility from the order. source
- confirmed The district attorney’s office is assessing its next steps; the defence welcomed the decision. — ABC publishes responses from both sides. source
- confirmed Busfield acted in The West Wing and directed The Cleaning Lady. — The reporting consulted mentions his acting work and the production to which the allegations relate. source
Editor's note
Three publicly available publications describe the same order; Us Weekly reports having reviewed the court documents. The order was not consulted directly. Identifying details of minors and explicit descriptions have been omitted. Busfield is named in full because of the direct connection with his public professional work.Sources
More on this in Dutch media
- NU.nl — „timothy busfield”
- De Telegraaf — „timothy busfield”
- AD — „timothy busfield”