A New Mexico judge on Friday dismissed actor/director Timothy Busfield’s indictment on child sexual abuse charges.
District Court Judge Joseph Montano granted Busfield's motion to throw out the grand jury indictment.
Busfield had been indicted on four counts of criminal sexual contact with a minor.
TIMOTHY BUSFIELD INDICTED ON CHILD SEX ABUSE CHARGES IN NEW MEXICO
In a court filing obtained by Fox News Digital, the judge found the prosecutor "failed to act in a fair and impartial manner," including by failing "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.
"In doing so, the grand jury proceedings were conducted in a manner that violated grand jury statutes designed to protect the structural integrity of our grand jury system, and the presumption of prejudice applies.
"The State, however, remains free to institute new criminal proceedings against Defendant," the filing adds.
During a September hearing, Busfield’s attorney, Amanda Fayerberg, played audio recordings of grand jurors asking to hear from additional witnesses. She said prosecutors wrongly informed jurors that subpoenas would be needed, even though those witnesses were "present, available and willing to testify."
Bernalillo County District Attorney Greer Staley countered that the defense hadn’t followed the correct process for submitting evidence to a grand jury and that Busfield improperly and "excessively" tried to steer grand jurors toward favorable witnesses and exhibits during his three-hour testimony.
Nancy Laflin, communications director for the 2nd Judicial District Attorney, told Fox News Digital, "Our office has received the order and is evaluating our options to determine how we will proceed."
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Busfield has repeatedly denied the allegations against him. In an email Friday, Fayerberg told The Associated Press he was "relieved and grateful" after reading the judge’s decision.
When Busfield was indicted earlier this year, his attorney issued a statement to Fox News Digital, saying a "grand jury will indict a ham sandwich."
"What is deeply concerning is that the district attorney is choosing to proceed on a case that is fundamentally unsound and cannot be proven at trial. The detention hearing exposed fatal weaknesses in the state’s evidence, gaps that no amount of charging decisions can cure," Larry Stein said in February.
"This prosecution appears driven by something other than the facts or the law," he added. "Mr. Busfield will fight these charges at every stage and looks forward to testing the state’s case in open court — where evidence matters — not behind closed doors."
Busfield, 68, first surrendered to local authorities on child sex abuse charges Jan. 13, days after an arrest warrant was issued for the "West Wing" actor. He was held without bail at the time of his arrest on two counts of criminal sexual contact with a minor and one count of child abuse.
He denied the claims upon surrendering and is "determined to clear his name," according to a statement from Stein provided to Fox News Digital.
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Busfield was released Jan. 20.
"You're authorized for release on your own recognizance with the conditions that you appear at all future court settings," Judge Murphy said. "You have not violated any laws."
Authorities had issued an arrest warrant for Busfield over allegations of misconduct from when he was working as a director on the set of the TV series "The Cleaning Lady."
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According to an arrest warrant obtained by Fox News Digital, 11-year-old twins allege that the director, whom they were told to call Uncle Tim on the set of "The Cleaning Lady," had touched them inappropriately.
One twin claimed an incident had occurred while alone with Busfield in a bedroom on set, alleging he had been touched over his clothes on his genitals and bottom. The warrant further states that hospital professionals later informed the parents that the children showed signs of being "groomed."
Fox News Digital reached out to Busfield and his wife, Melissa Gilbert, for additional comment.
Fox News Digital's Lauryn Overhultz and The Associated Press contributed to this report.
source https://www.foxnews.com/entertainment/judge-tosses-timothy-busfields-indictment-child-sex-abuse-charges
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