Judge throws out Timothy Busfield indictment over grand jury errors
A New Mexico judge has dismissed the child sex abuse indictment against actor and director Timothy Busfield.
Judge Joseph Montano ruled on 16 October 2026 that prosecutors had failed to act impartially during the grand jury proceedings that led to the charges, according to Variety.
An indictment is a formal criminal charge. A grand jury is a panel of citizens that hears evidence in private and decides whether there is enough cause for a case to go to trial.
Busfield was indicted in February on charges alleging he groped a 7-year-old boy on the set of The Cleaning Lady in 2022. He worked on the show as a director. The Fox drama, filmed in New Mexico, centred on a cleaner drawn into organised crime, as reported by the BBC.
The judge's order focused on how that indictment was obtained. Only two witnesses appeared before the grand jury: Busfield himself and an Albuquerque police detective. Eight potential defence witnesses were waiting in the hallway outside. They were never called.
Grand jurors asked on three occasions to hear from additional witnesses. In response, the prosecutor told them that at least eight jurors had to agree to issue a subpoena, and that all 12 would have to return on a later date to hear the testimony. Judge Montano found that no such voting or return-date requirements exist.
The ruling does not end the case. Prosecutors can seek a new indictment against Busfield. They have not yet decided whether to do so. A spokesperson for the Second Judicial District Attorney in Albuquerque said the office had received the dismissal order and was evaluating its options.
Busfield maintains his innocence. He told investigators the boys' parents were seeking revenge after the boys were not hired for the show's final season. He also passed a polygraph test organised by his lawyers. Warner Bros. TV separately investigated another allegation raised through the actors' union SAG-AFTRA in late 2024 and was unable to substantiate the claim.
Busfield surrendered to authorities in New Mexico in January to face the charges, according to Reuters. A judge later ordered his release from jail pending further proceedings.
He is widely familiar to audiences from roles in The West Wing and Field of Dreams.
