Indictment Tossed Is Not Case Closed: What the Busfield Ruling Means
A New Mexico judge threw out the grand jury indictment against actor Timothy Busfield over how prosecutors handled the grand jury. Here is why that is a win for the defense, but not the end of the case.
October 19, 2026 · 3 min read
By Jocelyn C. Stewart
A New Mexico judge has thrown out the indictment against actor and director Timothy Busfield. The ruling was about how prosecutors ran the grand jury, not about whether the allegations are true. For anyone accused, the difference matters.
What happened. According to ABC News and Salon, Judge Joseph Montano of the Second Judicial District Court in Bernalillo County dismissed a February indictment charging four counts of criminal sexual contact of a minor. ABC News and Fox News both report the allegations involve conduct on the set of the television series "The Cleaning Lady." Outlets differ on the details: ABC News describes one child actor, while Reuters and Fox News describe allegations from twin brothers. Busfield has denied the allegations, as Reuters and Salon both report.
Why it was dismissed. As ABC News and Reuters report, the judge found the prosecutor "failed to act in a fair and impartial manner" and, in effect, kept from grand jurors witnesses they had asked to hear. Reuters and Fox News both report the judge found the grand jury was not properly instructed on the rules for calling witnesses.
The other side. Fox News reports the district attorney argued the defense did not follow the proper process for submitting evidence. ABC News and Fox News both report the office says it is evaluating its options.
Not over yet. ABC News, like Salon, reports the judge left prosecutors free to bring new charges. A tossed indictment is not an acquittal. It sends the case back to the starting line, where prosecutors can try again with a properly run grand jury or by another route.