A New Mexico judge has dismissed child sexual abuse charges against Timothy Busfield, best known for playing Elliot Weston on the ABC drama “thirtysomething.” But the ruling, which cited prosecutorial misconduct, does not prevent prosecutors from seeking a new indictment against the actor.
State District Judge Joseph Montano ruled Friday that prosecutors improperly prevented grand jurors from hearing testimony from witnesses they had requested, compromising the integrity of the proceedings.
“The prosecuting attorney failed to act in a fair and impartial manner,” Montano wrote, finding that the state’s actions effectively withheld witnesses from the grand jury.
Busfield, 69, was indicted in February on four counts of criminal sexual contact with a minor. The allegations stemmed from his work directing the Fox series “The Cleaning Lady,” where he was accused of inappropriately touching a young actor on set between 2022 and 2024.
The actor and director, also known for his acting roles in “The West Wing” and “Field of Dreams,” has consistently denied the allegations and pleaded not guilty.
Although the indictment was dismissed, Montano explicitly left the door open for another prosecution. The Bernalillo County District Attorney’s Office said it was evaluating its options.
Busfield’s attorney, Amber Fayerberg, said her client was “relieved and grateful,” but acknowledged the legal fight might continue.
“We know this may not be the end,” Fayerberg said. “If the State chooses to try again, Tim is ready, and so are those witnesses.”
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The allegations have also placed Busfield’s marriage to “Little House on the Prairie” star Melissa Gilbert under public scrutiny.
Gilbert, who married Busfield in 2013, has steadfastly defended her husband. In an April interview with ABC’s “Good Morning America,” she described the allegations as devastating to their family and his career.
“Our life as we knew it is done,” Gilbert said, adding that she believed Busfield would be exonerated.
Following Friday’s dismissal, Gilbert shared a news report about the ruling on social media, signaling her continued support.
For now, the indictment is gone, but the possibility of renewed criminal proceedings remains.
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