Judge dismisses child sex abuse charges against actor Timothy Busfield
A New Mexico judge threw out child sex abuse charges against actor Timothy Busfield on Friday, BBC News, TheWrap and CBS News reported. The judge said the prosecutor "failed to act in a fair and impartial manner." Busfield has denied the claims, and prosecutors say they are weighing their next step.
A New Mexico judge has dismissed the indictment against actor Timothy Busfield, who was accused of criminal sexual contact with a child, BBC News, TheWrap and CBS News reported. State District Judge Joseph Montano granted a defense motion to dismiss on Friday.
"The prosecuting attorney failed to act in a fair and impartial manner," Montano wrote, citing the failure to properly instruct grand jurors on calling witnesses and a procedure that "effectively withheld requested witnesses," TheWrap and CBS News reported. BBC News reported that the judge cited mistakes that undermined the grand jury process.
Busfield, known for "The West Wing," "Thirtysomething" and "Field of Dreams," has denied all allegations, BBC News reported. The charges stemmed from claims involving two child actors on the Fox series "The Cleaning Lady," which he directed and produced, according to BBC News and CBS News. He pleaded not guilty in February, TheWrap reported.
A spokesperson for the district attorney's office in Bernalillo County said it is "evaluating our options to determine how we will proceed," according to BBC News. TheWrap reported that the office has time to bring new criminal proceedings.
Busfield's attorney, Amber Fayerberg, said he was "relieved and grateful," according to CBS News. "We know this may not be the end," she said. "If the State chooses to try again, Tim is ready, and so are those witnesses." Prosecutors had argued that the defense did not follow the correct process for submitting evidence to a grand jury, CBS News reported.
Busfield's lawyers have said the accusations were revenge after the children were fired from the series, BBC News reported. The defense submitted more than 70 letters vouching for his character, BBC News reported.
What we know: The indictment was dismissed over how prosecutors handled the grand jury, and Busfield denies the allegations.
What we don't: Whether prosecutors will seek a new indictment.
Where outlets agree BBC News, TheWrap and CBS News report that a New Mexico judge dismissed the charges, finding the prosecutor failed to act in a fair and impartial manner.
Where they differ The outlets cited here report the same key facts so far.