Timothy Busfield's child sexual abuse case dismissed due to prosecutorial misconduct

A New Mexico judge says prosecutors did not act "in a fair and impartial manner" before the jury, but a retrial is still possible.

The child sexual abuse case against Timothy Busfield has been thrown out by the presiding judge as he accuses prosecutors of misconduct and violating jury rules as the case moves through the court system.

The sexual assault charges against two minors brought against Bussfield earlier this year in New Mexico stem from his time on the set of the TV series The Cleaning Lady, episodes of which he directed, between 2022 and 2024. Twin boys who appeared in several seasons of the show.

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Melissa Gilbert believes Timothy Busfield's wife will be acquitted of child sexual abuse charges.

Throughout his career as an actor and director, Bosfield has faced numerous accusations from women of groping and sexually assaulting him on set. The results of these accusations have been different from the settlement out of court to the rejection of the accusations against him. He has been married to actress Melissa Gilbert since 2013.

The 2026 charges stemmed from a call by a University of New Mexico doctor to police in Albuquerque, who examined the boys and informed them of the abuse allegations. After the police had trouble finding him, there was a media frenzy and the actor was finally arrested after he surrendered. The Bernalillo County District Attorney's Office in New Mexico charged Basfield with four counts of felony sexual contact with a child, and he was released on his own recognizance pending trial.

But on Friday, it was prosecutors' actions earlier this year during the grand jury process that sank the case — at least for now. Judge Joseph Montano of New Mexico's 2nd Judicial District Court in Albuquerque said prosecutors "did not act in a fair and impartial manner" — but he did not close the door on further charges, leaving Besfield open to further legal action from New Mexico prosecutors.

In dismissing the case, Judge Montano said the state failed to call certain witnesses after the jury requested them and did not properly instruct the jury on procedures. In his conclusion, the judge criticized prosecutors for failing to "act fairly and impartially" and for violating jury rules "designed to protect the structural integrity of our jury system."

The Hollywood Reporter reached out to the New Mexico 2nd District Attorney's office on Friday to discuss the grand jury proceeding and to ask about plans to refile the case against Basfield, but did not immediately receive a response. The New York Times reported that prosecutors had not decided whether to refile the charges as of Friday afternoon.

Nancy Laughlin, a spokeswoman for the New Mexico District Attorney's office, said in a statement sent to the publication Friday that her office is "evaluating our options to determine how to proceed."

Since the allegations against Bassfield became public, he was dropped by talent agency Innovative Artists.

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