Actor Timothy Busfield’s attorney said in a statement to USA TODAY that his team is “pleased that the judge thoroughly considered the evidence and reached a just verdict.”
Actor Timothy Busfield charged with child sexual abuse
Actor Timothy Busfield has been charged with sexually abusing two minors on the set of the TV show he directed, The Cleaning Lady.
Actor and director Timothy Busfield is eligible for release from a New Mexico prison on child sexual abuse charges, a judge has ruled.
During a pretrial detention hearing on Tuesday, Jan. 20, Judge David A. Murphy ruled that there was no probable cause to show that the “The West Wing” alum should remain in prison due to public safety risk. Murphy rejected state prosecutors’ motion to remain in custody, allowing the 68-year-old to spend a week in jail and then be released on his own recognizance.
In a statement to USA TODAY, Busfield’s attorney, Larry Stein, said Busfield’s team is “pleased that the judge thoroughly considered the evidence and reached a just verdict. And especially (his wife) Melissa (Gilbert), they are thrilled and happy.”
USA TODAY has reached out to the Bernalillo County District Attorney’s Office for comment.
The ruling came in Busfield’s first in-person appearance in a New Mexico courtroom, nearly a week after he appeared virtually before a judge. Gilbert, who was seated behind her husband in the audience, shed tears and quietly celebrated the judge’s decision.
Gilbert previously submitted a letter of support for her actor husband, in which she called him “my love, my rock, my partner in business and life.”
Busfield, handcuffed, entered the courtroom wearing an orange prison uniform and open-toed slippers. He wore brown-rimmed glasses to look over documents with his lawyer for several minutes until the judge arrived.
State prosecutors and Busfield’s defense attorneys were given one hour each to present their arguments for and against his continued detention.
Mr. Busfield is next scheduled to attend a status meeting on February 4th.
Why did the judge allow Timothy Busfield to be released?
Murphy noted that prosecutors have presented a satisfactory case that Busfield “poses a danger to the safety of others.”
But he said: “Based on the limited information before me, I find the weight of the evidence against the defendant to be neutral at this time.”
The judge noted that Busfield had “no criminal history” and “no similar allegations involving children in the past.” The past sexual assault allegations against him mentioned in the criminal complaint have not been subject to “scrutiny by the judicial system.”
As such, Murphy said, “I do not believe the state has demonstrated by clear and convincing evidence that there are no conditions of release that reasonably protect the safety of others in the community.”
A condition of Mr. Busfield’s release is that he appear at all future court hearings and report to Albuquerque Pretrial Services.
He cannot “violate any law.” Possession of a firearm or “dangerous weapon.” Possession or consumption of alcohol or illegal drugs. or have had contact with the alleged victim, her family, or “minor children in this case.”
What are the charges against Timothy Busfield?
Busfield was charged on January 9 with two counts of sexual contact with a minor and one count of child abuse, according to a criminal complaint obtained by USA TODAY. A warrant for his arrest was issued that day.
Prosecutors say that between late 2022 and early 2024, Busfield is accused of abusing two actors, ages 7 and 8 at the time, who appeared on Busfield’s Fox series “The Cleaning Lady.”
The Michigan-born actor turned himself in to authorities on January 13, TMZ reported. The outlet published footage of him speaking at his attorney’s office in Albuquerque before being taken into custody.
“I’m going to stand up to these lies. They’re terrible,” Busfield said in the video. “Those are all lies. I didn’t do anything to those little kids. And I’m going to fight it. … So, good luck. I hope you get out soon.”
Busfield denied touching the victims during police interrogation
In response to the state’s motion to keep Mr. Busfield in custody, defense attorneys questioned the credibility of the alleged victims’ claims.
“These are trumped-up allegations,” defense attorney Amber Feyerberg told the judge.
In audio played in court – said to be from the children’s first interview with police in 2024 – the boy, known as VL, said Busfield “never” touched what the officer called his “private area”. Her brother SL also denied any inappropriate contact from Bassfield.
“It is not a shock to the state that (the boys) did not immediately disclose to police, especially when the questions were inappropriate,” Brandenburg-Koch told the judge. “They were guided by all best practices that children should not be questioned.”
“The testimony presented today does not support the claims of the alleged victims in this case,” Murphy said in sentencing, but agreed that such denials by minor victims are “not uncommon.”
Timothy Busfield’s lawyer alleges ‘financial and retaliatory motives’ in child sex abuse lawsuit
Among the defense’s arguments against Mr. Busfield’s release, set out in a Jan. 17 response opposing the state’s motion for pretrial detention, was that an independent investigation by Warner Bros. found the allegations to be unfounded. The results of the investigation were not included in the criminal complaint.
Ms Busfield’s lawyer claimed the accusations were an act of retaliation because the twin boys’ roles were recast in 2024 on The Cleaning Women, and also claimed that the accusers’ parents had a history of “fraud and dishonesty”.
“There were victims, and it was still these two boys, but they were not harmed by Tim Busfield,” Amber Feierberg told the judge. “They were victimized by their own parents, who were disbarred from practicing law, could no longer earn money, could no longer write bad checks, took 85 percent of the money they earned from their TV shows, and victimized them as revenge.”
In 2017, the alleged victim’s father pleaded guilty to federal charges of wire fraud conspiracy.
“The state canceled Mr. Busfield. His talent agency dropped him. He was edited out of the latest romantic comedy. … He has no power. He is persona non grata,” Feyerberg said. “And it’s not because he’s done anything wrong. … But it’s because of the world we live in and these allegations, this complaints are being spread not only throughout the state of New Mexico, throughout the national media, but all over the world.”
Timothy Busfield took a polygraph test, lawyer says
In addition to more than 70 letters vouching for Mr. Busfield’s character, the defense team announced that Mr. Busfield voluntarily participated in and passed a polygraph test on January 13, denying that Mr. Busfield touched SL’s “intimate parts.” The defense said the actor also underwent a psychosexual risk assessment on January 15.
However, prosecutors argued that the questions the actor was asked during the polygraph test were not at issue during the hearing, but rather whether he should be released based on the development of the case.
“It doesn’t matter who he’s attracted to. We know that different types of sex offenders prey on different demographics of people,” said Deputy District Attorney Savannah Brandenburg-Koch. “They don’t have to be pedophiles for this to happen.”
Polygraph results are not admissible in court in most states, but New Mexico judges can admit them in cases.
“They’re not 100% reliable. Busfield did a polygraph. We don’t know the circumstances of that. We don’t know the qualifications of the examiner or who administered the polygraph,” civil trial attorney David Ring told USA TODAY, offering insight into the case.
“If you believe the defense’s case, it looks like they got a favorable outcome. If that’s true, they’ll do everything in their power to get that outcome in front of a jury.”
New Mexico prosecutors argued that “no conditions of release” would protect the community from Bassfield.
In an expedited motion for state pretrial detention on Jan. 14, Brandenburg-Koch asked a Bernalillo County District Court judge to issue an order temporarily denying the actor’s release pending a detention hearing.
The Brandenburg-Koch court also called for a “trial in district court where the State proves by clear and convincing evidence that any conditions of release do not reasonably protect the safety or protection of other persons or the community,” according to the filing.
The motion also includes new charges against the victim’s alleged father, actor Colin Swift, who told law enforcement that Busfield sexually abused his daughter in California “several years ago.” “During (Busfield’s) audition at the B Street Theater, a 16-year-old boy reported that (Busfield) kissed her, put his hand inside her pants, and touched her private parts,” the motion states.
The complaint alleges that Busfield “pleaded his family not to report him to law enforcement if he went to therapy,” adding that Swift, who was “a therapist himself,” believed “that was the best course of action at the time.”
“This case is already very interesting because we’ve had victims come forward from years ago and even years ago. Every time that happens, it can have a huge impact on the case,” Ring said of the Busfield case.
“We do not know if the judge will allow the former victims to participate in the trial, but we will have to wait and see. There is a long way to go before a verdict is reached.”
If you or someone you know has experienced sexual violence, RAINN’s National Sexual Assault Hotline provides free, confidential, 24/7 support in English and Spanish to survivors and their loved ones: 800.656.HOPE (4673) and Hotline.RAINN.org and en Español RAINN.org/es.
Contributors: Brendan Morrow and Anna Kaufman, USA TODAY
