Judge Tosses Timothy Busfield Sexual Abuse Indictment

Timothy Busfield‘s sexual abuse case has taken a significant turn after a New Mexico judge dismissed the indictment against the thirtysomething and The West Wing actor, citing serious procedural failures by prosecutors.

According to U.S. News, the charges, which stemmed from allegations involving two underage boys on the set of The Cleaning Lady, have been thrown out, but the case may not be over, as prosecutors are considering whether to pursue new criminal proceedings.

On Friday, October 16, Judge Joseph Montano dismissed the indictment against Busfield, which included two counts of criminal sexual contact with a minor and child abuse. The judge ruled that prosecutors had not handled the grand jury process fairly.

According to the publication, when jurors asked to hear from additional witnesses, prosecutors did not follow the proper steps to allow those witnesses to testify. They also failed to properly explain the rules for bringing in those witnesses.

According to Deadline, Montono wrote that “the prosecuting attorney failed to act in a fair and impartial manner,” meaning prosecutors did not follow the rules designed to ensure that grand jury proceedings are handled fairly.

Busfield, who has repeatedly denied the allegations, surrendered to authorities in January and was initially held without bond. He was released pending trial on January 20 after a judge rejected prosecutors’ concerns that he posed a flight risk. The actor has maintained that the accusations are “absolutely one gazillion percent untrue. Never ever.”

Busfield pleaded not guilty on four counts of criminal sexual contact of a minor (child under 13) in February.

Although the indictment has been dismissed, the ruling does not prevent prosecutors from filing new charges. Montano specifically left open the possibility of new criminal proceedings.

Following the decision, Bernalillo County District Attorney Sam Bregman’s office told Deadline, “Our office has received the order and is evaluating our options to determine how we will proceed.”

Neither Busfield nor his attorney, Larry Stein, had publicly responded to the ruling at the time of the report.