At a Glance
- Timothy Busfield, 68, faces two counts of criminal sexual contact of a minor and one count of child abuse in New Mexico.
- Prosecutors want him jailed until trial, citing new allegation from 30 years ago in California.
- Independent Warner Bros. investigation found no corroborating evidence of misconduct.
- Why it matters: The West Wing alum’s case could set precedent for how courts handle decades-old allegations in current prosecutions.
Actor-director Timothy Busfield surrendered to Albuquerque police January 13 after a warrant accused him of unlawful sexual conduct involving two boys he worked with on Fox’s The Cleaning Lady. The 68-year-old was formally charged the next day.
The Charges and Allegations
Bernalillo County prosecutors filed two counts of criminal sexual contact of a minor and one count of child abuse. The incidents allegedly occurred while Busfield worked on the Warner Bros. Television production.
An independent investigator retained by the studio found no corroborating evidence of inappropriate conduct, according to News Of Los Angeles‘s reporting.
Busfield’s lawyer stated the actor is “shocked” and “devastated” by the allegations. He has denied any wrongdoing.
New Allegation Emerges
In a January 14 pretrial detention motion, prosecutors introduced another accusation. Colin Swift reported to law enforcement January 13 that Busfield allegedly sexually abused Swift’s daughter “several years ago” in Sacramento, California.
Busfield’s lawyer dismissed this claim: “The allegations were never challenged, they were never proved, and they’re 25 years old. And there doesn’t seem to be any connection between these allegations regarding women 25 years ago and the allegations regarding these young boys.”
Pretrial Detention Fight
The district attorney wants Busfield jailed until trial. New Mexico criminal defense attorney John W. Day, former deputy district attorney, explained the process to News Of Los Angeles.
“The presumption in New Mexico is that defendants should be released on appropriate release conditions,” Day said. “Remaining in jail pretrial is not as common.”
Prosecutors must convince a judge that Busfield poses a danger, might flee, or won’t appear for trial.
Judge’s Considerations
Day outlined what factors influence detention decisions:
- Prior criminal history
- Flight risk potential
- Danger to witnesses or community
- Likelihood of appearing for future proceedings
“Before we saw this latest allegation of abuse of a minor, I would have said there’s a good chance Busfield would be out of jail before trial,” Day noted. “I think the appearance of this new allegation means that a judge very well may keep him in jail, at least for a while.”
Potential Release Conditions
If released, Busfield likely could return to his home state. Day explained: “There’s a good chance the judge will say he can go back to wherever he lives, whether it’s California or New York. He just has to be on release conditions.”
These conditions could include:
- House arrest
- GPS ankle monitor
- Regular check-ins with pretrial services
Additional Charges Unlikely
The California allegation from approximately 30 years ago probably won’t result in separate charges. “There was no report made to law enforcement. It’s unlikely that there would be any charges at this point,” Day said.
However, prosecutors in the New Mexico case plan to use this information against him.
Next Legal Steps
Busfield faces several proceedings:
- Pretrial detention hearing January 20
- Preliminary examination – a mini trial establishing probable cause
- Potential trial – likely at least a year away
If the judge finds probable cause and orders detention, Busfield will remain jailed until trial.
Polygraph Results
Busfield’s lawyer revealed he passed an independent lie detector test. New Mexico allows polygraph results in court, unlike most states.
“If the defense says they have a good polygraph result where their client passed, they can use that to try to convince the jury that he’s credible,” Day explained. Prosecutors can challenge these results, but the defense likely wants this evidence before jurors.
Possible Sentence
The child abuse charge remains somewhat vague. At worst, Busfield faces 10 years or more in a New Mexico prison if convicted.
The case continues developing as the January 20 detention hearing approaches.
