A New Mexico judge dismissed the indictment against Timothy Busfield over how the grand jury was run.

Friday's order ends this indictment, and it is not a jury verdict on the accusations. Montano found the prosecution did not run the grand jury fairly, including by keeping requested witnesses out. The Journal reported the district attorney's office is still deciding whether to file again, and a new case would start over.

Second Judicial District Judge Joseph Montano on Friday, Oct. 16, 2026, dismissed a grand jury indictment against actor Timothy Busfield, the Albuquerque Journal and KOB reported. The Journal reported he granted a motion to quash the indictment, and that the order was filed Friday afternoon. KOB reported the case accused Busfield of four counts of criminal sexual contact of a minor. The Associated Press, in a story NBC News published the same day, reported the indictment accused him of criminal sexual contact with a child and that Montano cited prosecutorial misconduct and errors that undermined the grand jury process. The Guardian reported the same dismissal and said the prosecution did not act in a fair and impartial manner during the grand jury proceedings. The court is the Second Judicial District in Albuquerque, in Bernalillo County. No minor is named here.

KOB reported Montano wrote that the only witnesses who appeared before the grand jury were Detective Marvin Brown and Busfield. KOB reported he found that the prosecuting attorney "failed to act in a fair and impartial manner" and that the way the grand jury was instructed "effectively withheld requested witnesses." KOB quoted the order: "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 Journal reported he wrote that prosecutors failed to act in a neutral manner after not allowing the grand jury to hear from multiple witnesses, and that grand jurors on at least three occasions tried to hear from witnesses who were present and willing to testify. The Journal quoted the order: "These actions are not in line with either the letter or the spirit of the grand jury laws." The Journal also reported he wrote that prosecutors did not explain that eight jurors would have to agree before the panel could hear from a witness. KOB and the Journal both reported the order leaves the state free to bring new charges. The Journal did not print Detective Brown's name. KOB did.

The Journal reported Nancy Laflin, a spokesperson for the 2nd Judicial District Attorney's Office, wrote, "Our office has received the order and is evaluating our options to determine how we will proceed." The Associated Press account NBC News published reported that prosecutors did not immediately say whether they would seek a new indictment. That account reported Bernalillo County District Attorney Greer Staley told a September hearing the defense had not followed the correct process for submitting evidence to the grand jury. The Journal reported the motion hearing was Sept. 25, and that witnesses said Assistant District Attorney Neal Speer did not let key witnesses give their statements. KOB reported Busfield's attorney, Amber Fayerberg, said, "Tim is relieved and grateful today," and that grand jurors had kept asking to hear from people who were on set with him. The Journal spelled her Amber Fayerberg and reported she said he was "relieved to the point of tears," and, "This has had an unspeakable effect on his life and so for him to be free, even knowing that they might refile, is incredibly powerful for him." The Guardian also spelled the lawyer Amber Fayerberg. The NBC News publication of the AP story spelled her first name Amanda. The AP reported Busfield has repeatedly denied the allegations and described them as lies motivated by revenge, and that the case stems from when he was directing the television series "The Cleaning Lady" in Albuquerque from 2022 to 2024. No minor is named here.

Friday's order dismisses this indictment because of how the grand jury was conducted. It did not try the accusations. The Journal and KOB reported prosecutors may file again. The indictment was dismissed, and Timothy Busfield is presumed innocent and has not been convicted.