A New Mexico judge dismissed child sexual abuse charges against actor and director Timothy Busfield after finding prosecutors deliberately blocked grand jurors from hearing witness testimony — raising the question of how many ordinary Americans get railroaded by the same tactics without the money to fight back.
Judge Joseph Montano of the Second Judicial District Court ruled Friday that the Bernalillo County District Attorney's office "failed to act in a fair and impartial manner" during grand jury proceedings. The ruling grants Busfield's motion to toss the four-count indictment but allows prosecutors to seek new charges.
The case stems from allegations that Busfield, 69, inappropriately touched twin boys ages 7 and 8 on the Albuquerque set of the Fox TV drama "The Cleaning Lady" between 2022 and 2024, where he served as director and producer. Busfield has adamantly denied the allegations, calling them "lies" motivated by revenge.
Here is where the facts get complicated — and where the two-tiered system reveals itself. According to WTOP's reporting, the children initially told police during interviews that Busfield did not touch them inappropriately. Busfield's attorneys accused the boys' parents of coaching their children to make incriminating statements after the twins were let go from lucrative roles on the show. The Guardian's reporting omitted that detail entirely.
The grand jury process is where the real abuse occurred. Busfield's attorney Amanda Fayerberg presented audio recordings at a September hearing showing grand jurors explicitly requesting to hear from additional witnesses. Prosecutors wrongly told those jurors that at least eight of them had to agree before a witness could be called — and that subpoenas would be required, even though the witnesses were "present, available and willing to testify."
Judge Montano found that the prosecutor's incorrect instruction "had the practical effect of unilaterally withholding witnesses requested by the grand jurors." In other words, the state rigged the proceeding.
Bernalillo County District Attorney Greer Staley pushed back, arguing the defense hadn't followed correct process and that Busfield himself "excessively" steered grand jurors during three hours of testimony. Busfield told jurors the case had turned his life upside down and that he had been "canceled" — losing work and his agency representation. When asked about the allegations, he testified: "I'm saying that is absolutely one gazillion percent untrue. Never ever."
A spokesperson for the DA's office said it is evaluating its options. Prosecutors did not immediately say whether they would seek a new indictment.
Busfield walked free because he could afford attorneys willing and able to subpoena grand jury transcripts, record proceedings, and file the motions that exposed the misconduct. The average American facing a grand jury — a proceeding where the defense traditionally has no right to present evidence — would never have caught the fix. The Supreme Court itself has acknowledged that a competent prosecutor could persuade a grand jury to indict a ham sandwich. The question isn't whether Busfield is innocent or guilty. It's how many people are sitting in cells right now because a prosecutor lied to a grand jury and nobody with resources was there to catch it.
The DA's office now has to decide: refile and do it right, or walk away. If the evidence was strong enough, they wouldn't have needed to cheat to get the indictment. The public will see which choice Staley makes.
