Timothy Busfield asks for dismissal of child sex abuse case in Albuquerque
Timothy Busfield appeared in an Albuquerque court Friday, asking a judge to dismiss child sex abuse charges. The actor-director faces four counts of criminal sexual contact of a child and is accused of touching two boys.
The motion, filed by Busfield’s defense team, alleges prosecutorial misconduct during the grand jury process that led to his indictment in February.
Defense attorney Amber Fayerberg told the court the state “abandoned its role as a neutral aid to the grand jury, misstated the law to the grand jury, and actively blocked the grand jury from interviewing witnesses who were present and available and willing to testify and who the grand jurors asked three times to hear from.”
Busfield is accused of inappropriately touching two boys on the set of “The Cleaning Lady” in Albuquerque in 2022 and 2023.
Eight witnesses testified for the defense, claiming they were prepared to speak to the grand jury and waited all day in February. The defense played audio recordings to support the claim that grand jurors requested additional testimony.
Prosecutors denied the allegations, calling the defense arguments manufactured. Prosecutor Greer Staley said defense attorneys broke grand jury rules by coordinating witnesses.
“Instead of following the rules, they coordinated at least eight witnesses show up to their office; the defendant was coached and prepped to continuously to tell the grand jury, and you heard it in some of the clips. I have this document I was told I could introduce this document that flies in the face of the procedure,” Staley said.
Prosecutors also noted Busfield testified before the grand jury for more than two hours.
Judge Joseph Montano did not rule Friday. He said he would issue a decision by Oct. 16 or earlier.
Busfield’s trial is scheduled to begin in May in Albuquerque.
Grand jury proceedings in New Mexico are held in secret before a panel of citizens who decide whether there is enough evidence to charge a person with a crime. Defense attorneys typically cannot question witnesses or directly participate, but can submit documents for the jurors to review.
