Judge dismisses child sex abuse charges against actor Timothy Busfield

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.