A New Mexico judge dismissed an indictment against actor Timothy Busfield on October 16, 2026, ruling that prosecutors failed to maintain a fair and impartial environment during grand jury proceedings. The decision by Judge Joseph A. Montano comes months after the veteran actor was charged with four counts of criminal sexual contact involving minors.
The dismissal centers on a specific procedural breakdown within the Bernalillo County grand jury process. Judge Montano found that the prosecution misinformed grand jurors regarding their ability to hear from specific witnesses. According to court records, the prosecutor incorrectly told jurors that at least eight of them had to agree before a witness could be called to testify. This instruction effectively granted the state a unilateral veto over what evidence was presented, preventing the grand jury from hearing from individuals they had requested to see.
The original indictment, filed in February 2026, involved allegations stemming from two twin brothers who worked as child actors on the set of the television drama The Cleaning Lady. The alleged incidents were reported to have occurred between 2022 and 2024 while the production was filming in New Mexico.
Prior to the criminal charges, an internal investigation conducted by the production company Warner Bros. was unable to find evidence corroborating the claims against Busfield. This lack of corroboration formed a central part of the defense’s argument that the grand jury was denied a complete and balanced view of the case.
Because the indictment was dismissed without prejudice, the ruling does not permanently bar the state from pursuing the case. The Bernalillo County District Attorney’s Office is currently evaluating whether to refile the charges and seek a new indictment from a different grand jury.
“The state is currently reviewing the court’s order to determine the next steps in this matter,” a spokesperson for the District Attorney’s office stated following the ruling.
Busfield’s attorney, Amanda Fayerberg, indicated that the actor is relieved by the judge’s decision. While the legal process may continue if the state chooses to refile, Fayerberg stated that the defense is prepared to continue contesting the allegations. The Guardian reported that the defense team remains focused on what they describe as a lack of evidence supporting the initial claims.
The procedural error regarding witness testimony is considered a significant breach of the grand jury’s independent role in New Mexico law. By requiring an eight-person consensus just to hear testimony, the prosecution limited the jury’s ability to act as an investigative body, leading to the court’s conclusion that the proceedings were structurally flawed.
Busfield, known for his roles in thirtysomething and The West Wing, has maintained his innocence throughout the proceedings. For now, the dismissal removes the immediate threat of trial, though the possibility of a second indictment remains the primary legal hurdle for the actor.
