A New Mexico judge dismissed grand jury child sex abuse charges against actor Timothy Busfield, citing prosecutorial misconduct for impeding grand jurors who wanted to hear from defense witnesses. The October 16, 2026 decision leaves prosecutors free to consider refiling the case, which stems from his work on the television series The Cleaning Lady.
Judge Montano Dismisses Indictment
State District Judge Joseph Montano granted a defense motion to toss the charges in a decision released on Friday, October 16, 2026. The Emmy Award-winning actor had faced four felony charges of criminal sexual contact of a minor under 13.
In his order, the judge wrote that the state prosecution team used an unexplained procedure and incomplete subpoena explanations to unilaterally withhold evidence. Judge Montano concluded that prosecutors failed to act in a fair and impartial manner during the grand jury proceedings.
Their actions violated statutes designed to protect the structural integrity of the grand jury system.
Prosecutors previously noted that each count in the indictment carried a possible penalty of six years in prison that could be enhanced.
Defense Witnesses Waited in the Hallway
The underlying case stems from the 2022 to 2024 production of the Fox television series The Cleaning Lady in Albuquerque, where Busfield worked as a director and producer.
Twin boys who appeared on the show claimed the actor touched them inappropriately. Busfield surrendered to authorities in January 2026, pleaded not guilty, and was released on his own recognizance pending a trial that had been scheduled for May 2027.
According to a criminal complaint filed in January, an investigator with the Albuquerque Police Department stated that one boy reported Busfield touched his private areas over his clothing once when he was 7 years old.
Another time was when he was 8.
The boy’s twin brother told authorities he was also touched by Busfield, but did not specify where and remained silent because he did not want to get into trouble.
During a September 25 motion hearing, defense attorney Amber Fayerberg played audio recordings of grand jurors asking to hear from additional witnesses on three separate occasions.
Judge Montano noted that no such requirements exist under the law. Those witnesses were present, available, and willing to testify without needing a subpoena at all.
Those witnesses were sitting in the hallway, ready to tell the grand jury what they saw, and what they saw shows that Tim is innocent.
Amber Fayerberg, attorney for Timothy Busfield
Busfield’s legal team maintained that the allegations were lies motivated by revenge after the boys were recast for the show. Warner Bros. Television conducted an internal investigation, but that inquiry was unable to substantiate the claims.
Busfield testified before the grand jury that the claims were absolutely one gazillion percent untrue.
Busfield has consistently denied the accusations.
He stated that he had been canceled, lost work, and was fired by his agency, Innovative Artists, following the public disclosure of the case.
Busfield’s wife, actress Melissa Gilbert, has stood by his side throughout the legal proceedings, attending court hearings daily.
District Attorney Office Evaluates Next Steps
Nancy Laflin, a spokeswoman for the Second Judicial District Attorney’s Office of New Mexico, said in an email that her office is evaluating options to determine how to proceed.
If the State chooses to try again, Tim is ready, and so are those witnesses,
Amber Fayerberg stated.
