/ CBS/AP
A New Mexico judge has dismissed an indictment against "West Wing" and "Field of Dreams" actor Timothy Busfield that accused him of criminal sexual contact with a child, citing prosecutorial misconduct and errors that undermined the grand jury process.
State District Judge Joseph Montano granted a defense motion to toss the charges in a decision released Friday.
"The prosecuting attorney failed to act in a fair and impartial manner, including the failure to properly instruct the grand jury on the law for calling witnesses and in instructing the grand jury on a procedure that effectively withheld requested witnesses," Montano wrote in his ruling. "In doing so, 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 and the presumption of prejudice applies."
Busfield has repeatedly denied the allegations, describing them as lies motivated by revenge.
In a statement provided to CBS News Friday, Busfield's attorney Amber Fayerberg said that Busfield was "relieved and grateful."
"The grand jurors kept asking to hear from the people who were on set with him," Fayerberg said in her statement. "Those witnesses were sitting in the hallway, ready to tell the grand jury what they saw, and what they saw shows that Tim is innocent. The prosecution would not let them in, and the Court saw that for what it was: a violation of the grand jury laws that protect the integrity of our justice system."
Prosecutors said Friday they had not yet decided whether to pursue another indictment.
The case stems from when Busfield was directing the TV series "The Cleaning Lady" from 2022 to 2024. The parents of two twin boys who were let go from the show claimed that Busfield inappropriately touched the children on the set in Albuquerque.
According to a criminal complaint filed in January, an investigator with the Albuquerque Police Department said a boy reported that Busfield touched him on his private areas over his clothing on one occasion when he was 7 years old and another time when he was 8. The boy's twin brother told authorities he was also touched by Busfield, but he did not specify where and didn't say anything because he didn't want to get in trouble, the complaint said.
Busfield turned himself in and was released from jail pending trial by a judge who found no pattern of criminal conduct or similar allegations involving children in Busfield's past.
The grand jury indictment followed just weeks later, reiterating allegations that Busfield "touched or applied force to the intimate parts" of one of the boys on several occasions. The indictment allowed the case to proceed without a preliminary hearing on evidence.
Busfield's attorneys noted that the children told police during initial interviews that Busfield didn't touch them inappropriately and accused the boys' parents of coaching their children to give incriminating statements after the boys lost lucrative roles on the show.
In June, Busfield's attorneys officially asked the court to throw out the indictment, alleging in a motion that prosecutors were "willfully blind to the lack of evidence" and "invented procedural hurdles" to keep grand jurors from hearing witness testimony.
During a September hearing, Fayerberg played audio recordings of grand jurors asking to hear from additional witnesses. She said prosecutors wrongly informed jurors that subpoenas would be needed, even though those witnesses were "present, available and willing to testify."
"The state engaged in egregious prosecutorial misconduct," Fayerberg said.
Bernalillo County District Attorney Greer Staley countered that the defense hadn't followed the correct process for submitting evidence to a grand jury and that Busfield himself improperly and "excessively" tried to steer grand jurors toward favorable witnesses and exhibits during his three-hour testimony.
According to the transcripts of the proceedings submitted by Busfield's attorneys, the actor also known for appearances in "Thirtysomething" told jurors that the case had turned his life upside down and affected his entire family. He testified that he had been "canceled," meaning he lost work and was fired by his agency.
Busfield also testified that he had nothing to hide and when asked about the allegations that he had caressed the children, he answered: "I'm saying that is absolutely one gazillion percent untrue. Never ever."
Prosecutors had said each count in the indictment carried a possible penalty of six years in prison that could be enhanced.
"We know this may not be the end," Fayerberg said Friday. "If the State chooses to try again, Tim is ready, and so are those witnesses."
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