Timothy Busfield’s child sex abuse indictment has been dismissed after a judge found that the prosecutor improperly prevented defense witnesses from testifying.
On Friday, October 16, New Mexico District Court Judge Joseph Montaño approved The West Wing alum’s request to dismiss his indictment on four counts of criminal sexual contact of a minor, citing procedural violations during grand jury proceedings, according to court documents obtained by PEOPLE.
“The prosecuting attorney failed to act in a fair and impartial manner, including the failure to properly instruct the grand jury on the law for calling witnesses and in instructing the grand jurors on a procedure that effectively withheld requested witnesses,” the judge wrote.
“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 ruling continued.
However, the decision does not prevent prosecutors from bringing the charges against the actor again.
A Bernalillo County District Attorney’s Office spokesperson told the outlet that the office is reviewing the ruling and evaluating its next steps.
The decision follows Busfield’s June 15 motion to dismiss the charges over alleged prosecutorial misconduct during grand jury proceedings.
According to court documents, Busfield’s defense accused prosecutors of misconduct during grand jury proceedings, including misstating the law, blocking witnesses, mischaracterizing evidence favorable to the actor and misrepresenting rules on polygraph evidence.
At a September 25 hearing, eight witnesses testified they were available during the grand jury proceedings.
The court found jurors had requested additional testimony at least three times, but prosecutors allegedly misrepresented the requirements for recalling witnesses and issuing subpoenas.
