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Judge Quashes Timothy Busfield Indictment Citing Prosecutorial Misconduct

The judge found prosecutors misled grand jurors about how to call witnesses, blocked testimony, voided the indictment, left prosecutors able to seek a new charging process.

Overview

  • State District Judge Joseph Montano granted Timothy Busfield’s motion to quash the grand jury indictment on Oct. 16, 2026, ruling that prosecutorial conduct undermined the integrity of the grand jury.
  • The judge found prosecutors repeatedly misinstructed jurors about subpoena and witness procedures, refused to present witnesses jurors asked for, and allowed potential witnesses to remain outside the grand jury room.
  • Busfield had been indicted on four counts of criminal sexual contact of a child based on allegations from two twin boys who worked on The Cleaning Lady, and he has consistently denied the claims.
  • The dismissal voids the current grand jury charging instrument but does not bar the state from seeking a new indictment, and the Bernalillo County DA’s office says it is evaluating whether to refile.
  • Beyond this case, the ruling applied a presumption of prejudice and highlights how strict grand jury procedures must be followed to protect both the integrity of indictments and the rights of accused people.