Judge dismisses the indictment

On Friday, 16 October 2026, State District Judge Joseph Montano of the Second Judicial District Court in New Mexico granted the defence motion to dismiss the indictment against Timothy Busfield, 69, the actor and director known for The West Wing and Field of Dreams. The indictment accused Busfield of criminal sexual contact with a child, with BBC and 20 Minuten reporting four counts, while Vulture describes two charges being dismissed. Busfield has denied all the allegations against him.

In his written order, Montano concluded that the prosecutor in charge had not acted fairly and impartially, and that the grand jury proceedings broke state statutes meant to protect the integrity of the grand jury system. He held that a presumption of prejudice applied as a result.

“The prosecuting attorney failed to act in a fair and impartial manner”

Problems before the grand jury

Busfield's lawyers filed their motion to dismiss in June, arguing that prosecutors had kept grand jurors from hearing certain witnesses. Montano found that the prosecutor did not properly instruct jurors on the law for calling witnesses, and that a procedure given to jurors effectively withheld the witnesses they had requested. At a September hearing, Busfield's attorney Amanda Fayerberg played audio recordings of jurors asking to hear from additional witnesses. She said prosecutors had told jurors that more subpoenas would be needed, even though the witnesses were, in her account, present, available and willing to testify.

Fayerberg said the state had engaged in serious wrongdoing in the handling of the case.

“The state engaged in egregious prosecutorial misconduct”

The defence has argued that the accusations were revenge after the two boys were fired from the series, and that the children were coached in their responses. Busfield's team also submitted more than 70 letters vouching for his character and said he underwent and passed a polygraph test on the allegations.

The allegations and the arrest

The case stems from The Cleaning Lady, a Fox drama that aired in the United States from 2022 to 2025 and that Busfield directed and produced. Two minor twin brothers who appeared in the series made the accusations, and according to the arrest warrant, their parents alleged that the boys were groomed and sexually abused while the show was filmed. The indictment covers the period from 19 October 2022 to 10 September 2023, when one of the boys was under 13. According to a criminal complaint, one boy said he was touched over his clothing on two occasions, when he was 7 and 8, while his twin said he had also been touched but did not say where.

Busfield surrendered to state authorities in January, when a warrant for his arrest was issued, and a judge later ordered his release pending trial. Busfield's lawyers have said the children told police during early interviews that he had not touched them inappropriately.

What happens next

A spokesperson for the Office of the Second Judicial District Attorney in Bernalillo County told the BBC on Friday that the office was evaluating its options. The statement said the office had received the order and was working out how it would proceed. Vulture, citing the Associated Press, reports that prosecutors have not decided whether to try to indict Busfield again through a new grand jury.

“Our office has received the order and is evaluating our options to determine how we will proceed”

The dismissal ends the indictment in its current form, and the next step rests with the district attorney's office.