Judge dismisses Timothy Busfield indictment citing prosecutor misconduct

Judge Joseph Montano of the Second Judicial District Court in Albuquerque on Oct. 16, 2026, granted Timothy Busfield's motion to quash a grand jury indictment on four counts of criminal sexual contact of a minor. Montano wrote that the prosecuting attorney failed to act in a fair and impartial manner, including the failure to properly instruct the grand jury on the law for calling witnesses and in instructing the grand jurors on a procedure that effectively withheld requested witnesses. He found the proceedings violated grand jury statutes and that the presumption of prejudice applies. Busfield, 69, known for The West Wing and thirtysomething, faced allegations tied to October 2022 and September 2023 while directing The Cleaning Lady. He surrendered Jan. 13, 2026, was indicted Feb. 5, pleaded not guilty Feb. 10, and told the grand jury: "I'm saying that is absolutely one gazillion percent untrue. Never ever." Defense attorney Amanda Fayerberg said, "The state engaged in egregious prosecutorial misconduct," and at a September hearing played audio of grand jurors asking for more witnesses; eight witnesses said they were present and willing to testify that day. Busfield's attorneys said the children initially told police he had not touched them inappropriately. Civil attorney Stanton "Larry" Stein said the District Attorney was choosing to proceed on a case that is fundamentally unsound and cannot be proven at trial, and that a detention hearing exposed fatal weaknesses in the State's evidence. Spokesperson Nancy Laflin said the office has received the order and is evaluating its options. The ruling does not prevent prosecutors from bringing a new case.