Emmy Award-winning actor Timothy Busfield has been released from jail pending his trial on child sex abuse charges, following a detention hearing on Tuesday. State district court judge David Murphy issued the order, which comes after Busfield was held without bond last week.
Allegations and Court Proceedings
The actor, known for roles in The West Wing, Field of Dreams, and Thirtysomething, faces allegations of inappropriately touching a minor while directing on the set of the television series The Cleaning Lady. Albuquerque police issued a warrant for his arrest earlier this month on two counts of criminal sexual contact of a minor and one count of child abuse.
According to the criminal complaint, a child reported that Busfield touched him on private areas over his clothing on two occasions, when he was 7 and 8 years old. The boy's twin brother also told authorities he was touched by Busfield, though he did not specify where, and said he remained silent to avoid getting into trouble.
Judge's Decision and Conditions of Release
Judge Murphy acknowledged that the crimes Busfield is accused of are inherently dangerous and involve children. However, he stated that prosecutors failed to prove that no conditions of release could protect public safety. "There's no evidence of a pattern of criminal conduct, there are no similar allegations involving children in his past," Murphy said. "Rather this defendant self-surrendered and submitted himself to this court's jurisdiction, demonstrating compliance with the court order for his arrest."
Busfield will be monitored by a pretrial services office in Albuquerque upon release and is permitted to leave the state to return home. During the hearing, he appeared handcuffed and dressed in an orange jail uniform, while his wife, actress Melissa Gilbert, watched tearfully from the court gallery.
Prosecution and Defence Arguments
Assistant District Attorney Savannah Brandenburg-Koch argued for Busfield's continued detention, calling the evidence against him strong and specific. "The boys' allegations are supported by medical findings and by their therapist," she said. "Their accounts were specific and not exaggerated." She also described a documented pattern of sexual misconduct, abuse of authority, and grooming behaviour by Busfield over the past three decades, and expressed concerns about witness retaliation.
In contrast, Busfield's attorneys presented two brief audio recordings of initial police interviews in which the children stated that Busfield did not touch them in private areas. They argued that the complaint mischaracterises these interviews as a failure to disclose abuse, when an "unequivocal denial is materially different from a mere absence of disclosure."
The defence also claimed the allegations emerged only after the boys lost their role in the TV show, suggesting a financial and retaliatory motive. They cited a history of fraud by the boys' parents and noted that an investigation by Warner Bros. found the allegations unfounded. Additionally, Busfield submitted letters vouching for his character and passed an independent polygraph test, though New Mexico law allows judges final say on the admissibility of such evidence.
Background and Reactions
Busfield denied the allegations in a video released prior to turning himself in, calling them lies. Gilbert, who played Laura Ingalls in Little House on the Prairie, was listed as a potential witness for the hearing. The case continues to unfold as legal experts note the complexities of admitting polygraph evidence in criminal proceedings in New Mexico.
