Actor Timothy Busfield ordered released from jail pending trial in child sex abuse case in New Mexico
A judge has ordered that actor Timothy Busfield be released from jail as he awaits trial on child sex abuse charges.
The order Tuesday, by state district court Judge David Murphy during a detention hearing, is linked to accusations that Busfield inappropriately touched a minor while working as a director on the set of the series "The Cleaning Lady."
The judge ordered that the defendant be released on his own recognizance, pending trial. Busfield will be supervised upon release by a pretrial service in Albuquerque, and can leave the state to live at home, the judge said. Under the conditions of his release, Busfield cannot be in possession of firearms or drugs and can't have contact with the alleged victims.
Busfield, an Emmy Award-winning actor who is known for appearances in "The West Wing," "Field of Dreams" and "Thirtysomething," was ordered held without bond last week at his first court appearance. Busfield called the allegations lies in a video shared before he turned himself in.
At the hearing Tuesday, Busfield was handcuffed and dressed in an orange jail uniform in a New Mexico state district court, while wife and actor Melissa Gilbert watched from the court gallery.
Gilbert was tearful while exiting the courtroom after the judge ordered Busfield's release.
Gilbert, who played Laura Ingalls in the 1970s to '80s TV series "Little House on the Prairie," is on the list of potential witnesses submitted ahead of the hearing.
Albuquerque police issued a warrant for Busfield's arrest earlier this month on two counts of criminal sexual contact of a minor and one count of child abuse. A criminal complaint alleges the acts occurred on the set of the series "The Cleaning Lady."
According to the criminal complaint, an investigator with the police department says the child reported Busfield touched him on private areas over his clothing on one occasion when he was 7 years old and another time when he was 8. The boy's twin brother told authorities he was also touched by Busfield, but did not specify where. He said he didn't say anything because he didn't want to get in trouble.
On Monday, Busfield's attorneys submitted two brief audio recordings of initial police interviews in which the children say Busfield did not touch them in private areas. The attorneys in a court filing argue that the complaint characterizes the interviews as a failure to disclose abuse, but an "unequivocal denial is materially different from a mere absence of disclosure."
According to the criminal complaint, one of the boys disclosed during a therapy session that he was inappropriately touched by the show's director. Those records were obtained by police during the investigation.
Arguing Tuesday for Busfield's continued detention, Bernalillo County Assistant District Attorney Savannah Brandenburg-Koch called evidence of abuse against Busfield strong and specific.
"The boys' allegation are supported by medical findings and by their therapist," Brandenburg-Koch said. "Their accounts were specific and not exaggerated."
She also described a documented pattern of sexual misconduct, abuse of authority and grooming behavior by Busfield over the past three decades. Prosecutors also say witnesses have expressed fear regarding retaliation and professional harm.
"GPS is not going to tell this court if he is around children or talking to witnesses," Brandenburg-Koch said.
Busfield's attorneys have argued that the allegations emerged only after the boys lost their role in the TV show, creating a financial and retaliatory motive. The filings detailed what the attorneys said was a history of fraud by both the boys' father and mother. They cited an investigation by Warner Bros. that found the allegations unfounded.
Busfield also submitted letters vouching for his character, and his attorneys say he passed an independent polygraph test.
Legal experts say New Mexico is among a few states that allow polygraph evidence in criminal cases, but a judge has final say over whether one can be used. There are strict requirements for admission.