NM Judge Tosses Charges Against Actor Timothy Busfield Over Prosecutor Misconduct
A New Mexico judge dismissed criminal charges against Timothy Busfield due to prosecutorial misconduct.
Why it matters: The case underscores judicial scrutiny of prosecutorial behavior, impacting future misconduct claims and emphasizing legal ethics in criminal cases.
- On October 16, 2026, Judge Joseph Montano dismissed the indictment against Timothy Busfield.
- Busfield was accused of inappropriate conduct toward two young boys during his direction of "The Cleaning Lady" (2022-2024).
- Prosecutors misrepresented lie detector evidence and failed to call grand jury-wanted witnesses, per the judge.
- Busfield's attorney accused prosecutors of ignoring the lack of evidence and misleading the grand jury.
New Mexico State District Judge Joseph Montano dismissed charges against actor Timothy Busfield on October 16, 2026, citing prosecutorial misconduct and procedural errors during the grand jury process. Busfield faced allegations of inappropriately touching twin boys aged 7 and 8 while directing the TV series The Cleaning Lady between 2022 and 2024.
Judge Montano found that prosecutors misrepresented the admissibility of lie detector evidence and neglected to call witnesses the grand jury sought to hear. Audio recordings revealed grand jurors wanted more testimony, but prosecutors wrongly told them subpoenas were needed even though witnesses were available and willing.
Busfield has consistently denied the allegations, calling them retaliatory. His attorney, Amanda Fayerberg, stated, "The state engaged in egregious prosecutorial misconduct" and accused prosecutors of being "willfully blind to the lack of evidence" and misleading the grand jury.
Prosecutors have yet to decide whether to refile charges against Busfield following the dismissal. The case highlights the judiciary's role in checking prosecutorial conduct and may influence how misconduct claims are treated in future criminal cases involving high-profile defendants.
By the numbers:
- October 16, 2026 — Date of indictment dismissal by Judge Montano
- 2022 to 2024 — Period when Busfield directed "The Cleaning Lady"
- 7 and 8 — Ages of twin boys involved in allegations
What's next: Prosecutors have not announced plans on whether they will refile charges against Busfield.