Judge rules Timothy Busfield can be released following arrest on child sex abuse charges
A New Mexico judge ruled Tuesday that actor Timothy Busfield can be released following his arrest on charges of alleged criminal sexual contact of a minor and child abuse.
"The West Wing" actor turned himself in to authorities last week and was being held with no bond.
Following an hourslong detention hearing, Judge David Murphy ruled that Busfield can be released on his own recognizance pending trial, citing his lack of criminal history, compliance with the court order for his arrest and the evidence in the case so far.
"As it stands today, based on the limited information I have in front of me, I'll characterize the weight of the evidence against the defendant as neutral at this point in time," Murphy said.
The charges against Busfield stem from accusations that he inappropriately touched a child actor on the set of his show "The Cleaning Lady," which was filmed in Albuquerque, according to a criminal complaint. The child's parents reported that the alleged abuse began in 2022, when the child was 7 years old, and lasted until 2024, according to court documents.
Regarding the weight of the evidence in the case, the judge said that the defense's presentation, affidavits from multiple people who worked on the set, an independent investigation conducted by a law firm hired by the show's producer, Warner Bros., and testimony from Tuesday's hearing "do not corroborate the allegations offered by the alleged victims in this case."
Busfield is not to have contact with the alleged victims or their families or any unsupervised contact with minors, the judge said.
Busfield's wife, actress Melissa Gilbert, attended the hearing in support of her husband. She was visibly emotional as the judge ruled to release Busfield.
Prosecutors asked the court to deny Busfield's release, arguing the actor posed a risk due to an alleged history of sexual assault. The defense, meanwhile, called the state's case "flawed" and "questionable."
In issuing his ruling, the judge said it was difficult to put too much weight on the past allegations cited by prosecutors because they had not been vetted by the judicial system.
Busfield has not entered a plea but denied the allegations when interviewed by investigators, according to the criminal complaint.
Busfield's attorney said in a statement last week, "Tim Busfield denies the allegations in the criminal complaint and maintains they are completely false. As a voluntary step, he submitted to an independent polygraph examination regarding those allegations and passed."
In prosecutors' motion for pretrial detention, they argued that Busfield should remain in custody, mentioning another allegation against him.
Prosecutors said the father of a 16-year-old went to law enforcement last week to report alleged abuse from "several years ago." The 16-year-old claimed that during an audition, Busfield "kissed her and put his hands down her pants and touched her privates," the court document said.
Gilbert is speaking out in defense of her husband, writing in a letter to the judge, "Tim has the strongest moral compass of any human I have ever known. He has dedicated his spiritual self to always being of service to others."
Gilbert also wrote about her husband's relationship with her son Michael, saying, "Tim nurtured and guided Michael. ... I will never be able to express the depth of gratitude I have to God for bringing this wonderful human into our lives."
Gilbert's letter was among 70 letters of support, including from Busfield's stepson Michael and his former "Thirtysomething" co-stars Ken Olin and Peter Horton.
