ALBUQUERQUE, N.M. — A New Mexico judge has thrown out the grand jury indictment against actor and director Timothy Busfield, finding that prosecutors did not handle the grand jury process fairly. The ruling does not end the case. Prosecutors can still bring new charges.
State District Judge Joseph Montano granted the defense motion to quash the indictment on Friday, Oct. 16.
What the judge found
Busfield’s lawyers argued that prosecutors kept grand jurors from hearing from witnesses they had asked to hear. They said prosecutors wrongly told the panel that subpoenas and extra time were needed, even though the witnesses were available and willing to testify.
Montano agreed. In a six-page ruling, he wrote that the prosecutor “failed to act in a fair and impartial manner.” He said the state’s actions had the practical effect of unilaterally withholding witnesses the grand jurors requested. He also said subpoenas are not needed for witnesses who appear willingly.
The judge concluded the proceedings were conducted in a way that broke grand jury statutes meant to protect the system’s integrity. According to the report, only Busfield and an Albuquerque police detective testified before the grand jury.
What the case is about
A grand jury indicted Busfield, who is 68, in February on four counts of criminal sexual contact with a minor. The charges stem from allegations involving two boys he directed on the set of the TV series “The Cleaning Lady,” which filmed in Albuquerque. The indictment itself covered only one of the two boys.
Busfield surrendered to authorities on Jan. 13. He was released before trial on Jan. 20 after a judge found prosecutors had not shown he was a flight risk. He pleaded not guilty and has denied the allegations. His trial had been scheduled for May 2027.
This is not an acquittal
Quashing an indictment is a ruling about how the grand jury process was handled. It is not a decision on whether the allegations are true. Montano specifically left room for prosecutors to start new criminal proceedings.
Bernalillo County District Attorney Sam Bregman has not said whether his office will seek a new indictment. Before the ruling, defense attorney Christopher Dodd explained the difference between the two outcomes the judge was weighing. A dismissal with prejudice would have barred the state from refiling. A quashed indictment lets prosecutors present the case to a grand jury again.
What both sides said
Prosecutors had argued that Busfield had plenty of time to tell his side to the grand jury and that they did not hold back important information. Busfield’s legal team said he would fight the charges at every stage and wanted to test the state’s case in open court.
The defense first asked the court to quash the indictment in June. Judge Montano heard arguments in September and said he would rule by Oct. 16.
What’s next
The next move belongs to the district attorney’s office. It can ask a new grand jury to indict Busfield, pursue the charges another way, or let the case drop. The May 2027 trial date is now in doubt. This story will be updated if prosecutors announce a decision.
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