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State District Judge Joseph Montano granted a defense motion to dismiss the indictment against the Emmy-winning actor, according to court records reviewed by the Los Angeles Times. The judge ruled that the prosecuting attorney failed to act in a fair and impartial manner, including by not properly instructing the grand jury on the law for calling witnesses. This shortcoming violated statutes designed to protect the structural integrity of the grand jury system, Montano wrote, while noting that the state remains free to institute new criminal proceedings.
The charges originated from allegations involving two twin boys who worked as child actors on the Fox drama The Cleaning Lady, a CNN report detailed. Busfield directed episodes of the series in Albuquerque from 2022 to 2024, during which the boys’ parents claimed he had touched the children inappropriately on set. A grand jury returned a February 2026 indictment on four counts of criminal sexual contact of a minor, prompting the 69-year-old actor to surrender to authorities the following month and plead not guilty.
Busfield has consistently denied the accusations, describing them as revenge after the twins were not asked to return for the show’s final season, according to statements reported by USA Today. His attorney Amanda Fayerberg said in a statement that her client was relieved and grateful after reading the judge’s decision. Fayerberg added that witnesses ready to testify on set were kept from the grand jury despite its requests, which she described as a violation of grand jury laws.
Court documents show the grand jurors had asked for additional witness testimony before issuing the indictment, yet the prosecutor provided incomplete information on subpoena requirements and notification periods, a detailed account in Deadline showed. The prosecutor told the panel that hearing from the witnesses would require a subpoena and 36 hours’ notice without explaining that a judge could shorten that timeframe or that voluntary appearances were possible. This approach effectively withheld evidence and prevented an informed decision, Judge Montano concluded in his six-page order.
The Bernalillo County District Attorney’s Office said it had received the ruling and was evaluating its options to determine how to proceed, a spokesperson told multiple news outlets including the Hollywood Reporter. Prosecutors have not decided whether they will seek to refile charges against Busfield. Each of the original counts carried a maximum possible sentence of six years in prison.
Busfield is best known for his roles in the television series Thirtysomething and The West Wing as well as the film Field of Dreams, according to biographical information compiled by UPI. He has also co-founded the B Street Theatre in Sacramento, California, where he maintains professional connections, a Sacramento Bee article noted. The actor built a career that has spanned acting, directing and producing across several decades in entertainment.
