Full Breakdown
New Mexico Judge Dismisses Child-Sex-Abuse Indictment Against Actor Timothy Busfield
By Drooid · · How we work
Background & Context
In early 2026, New Mexico prosecutors charged Emmy-winning actor-director Timothy Busfield with four counts of criminal sexual contact of a child and one count of child abuse. The allegations stem from his work as director and producer on the Fox series The Cleaning Lady, where two twin boys, aged 7 and 8 at the time, claimed Busfield touched them inappropriately on set. Busfield has consistently denied the accusations, describing them as “lies” and asserting the claims are retaliation for the boys’ removal from the show.
Timeline
- January 13, 2026 – A warrant is issued for Busfield’s arrest; he surrenders a few days later.
- February 2026 – A grand-jury indictment is returned, charging Busfield with four counts of criminal sexual contact of a child.
- June 15, 2026 – Busfield’s defense files a motion to quash the indictment, alleging prosecutorial misconduct.
- September 25, 2026 – A hearing is held; grand-jurors request additional witness testimony, which the prosecutor reportedly blocks.
- Oct. 16 – State District Judge Joseph Montano issues an order dismissing the indictment, citing prosecutorial misconduct and violations of grand-jury statutes.
Data & Statistics
- Charges: Four felony counts of criminal sexual contact of a child (each carrying a possible six-year prison term) and one count of child abuse.
- Alleged incidents: Occurred between late 2022 and early 2024, when the twins were 7 and 8 years old.
- Legal outcome: Indictment dismissed; the state retains the option to file a new indictment.
Criticism & Opposition
The prosecutor maintains that the state’s actions were within procedural bounds, despite the judge’s finding of misconduct.
Verbatim Quotes
- “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 jurors on a procedure that effectively withheld requested witnesses.” — Joseph A. Montano, judge
- “The state engaged in egregious prosecutorial misconduct,” — Amanda Fayerberg, busfield's attorney
- “We know this may not be the end,” — Amanda Fayerberg, busfield's attorney
- “The actions by the State … had the practical effect of unilaterally withholding witnesses requested by the grand jurors,” — Joseph A. Montano, judge