A New Mexico judge has dismissed the child sexual contact indictment against Timothy Busfield, finding that prosecutors compromised the grand-jury process. The ruling removes the immediate charges but leaves both the allegations and the prospect of a new case unresolved.

State District Judge Joseph Montano threw out the four-count indictment after concluding that the prosecution did not fairly handle grand jurors’ requests to hear additional witnesses. Montano wrote that the prosecutor “failed to act in a fair and impartial manner” and effectively withheld witnesses sought by jurors.¹

The case concerned allegations that Busfield improperly touched twin child actors while directing and producing The Cleaning Lady in Albuquerque. Prosecutors alleged the conduct occurred over roughly two years, when the boys were seven and eight; Busfield has consistently denied wrongdoing.¹

Busfield’s defense cast the dismissal as confirmation of its argument that the evidence and grand-jury process had been mishandled. His lawyers said the children initially told police there had been no inappropriate touching and argued their parents influenced later statements after the boys lost their roles on the show. Busfield called the accusations “lies” and told grand jurors: “I’m saying that is absolutely one gazillion percent untrue. Never ever.”²

Prosecutors, however, disputed the defense’s account during the litigation, arguing that Busfield had sought to steer jurors toward favorable evidence during his lengthy testimony. The district attorney’s office said it was evaluating how to proceed, and Montano’s ruling permits a new indictment.³

The competing accounts therefore remain sharply different: the defense says procedural failures obscured evidence favorable to Busfield, while prosecutors maintain the allegations warrant further consideration. The dismissal addresses how the grand jury operated, not a factual finding on whether the alleged conduct occurred.