Timothy Busfield moves to dismiss grand jury indictment in child sex abuse case

West Wing actor Timothy Busfield, 69, is seeking to have the grand jury indictment against him thrown out, filing a motion to quash the charges as he continues to contest child sex abuse allegations in New Mexico.

PEOPLE obtained court records confirming the filing, with Busfield's civil attorney, Stanton "Larry" Stein, issuing a pointed statement on his client's behalf.

Attorney alleges misconduct and evidence suppression

Stein was unequivocal in his client's defence. "Timothy Busfield is innocent," he said. "This motion describes egregious prosecutorial misconduct during grand jury proceedings, thereby preventing the jurors from hearing testimony, witnesses and evidence even after repeated requests by the grand jury itself."

The attorney went further, alleging systemic failures by the prosecution. "The government repressed and suppressed exculpatory evidence, misstated the law and failed in the most basic due process afforded any person under either Constitutional or State laws designed to protect actual innocence from abuse of government power," Stein said.

The charges and indictment

The motion follows a Bernalillo County grand jury indictment on four counts of criminal sexual contact of a minor under the age of 13, announced by District Attorney Sam Bregman on 6 February. The four third-degree felony charges relate to alleged incidents in October 2022 and September 2023. Busfield entered a not guilty plea to all four counts on 10 February in New Mexico's Second Judicial District Court.

At the time of the indictment, Stein told PEOPLE the development was "not unexpected," but raised serious concerns about the prosecution's motivations. "What is deeply concerning is that the District Attorney is choosing to proceed on a case that is fundamentally unsound and cannot be proven at trial," he said. "The detention hearing exposed fatal weaknesses in the State's evidence — gaps that no amount of charging decisions can cure. This prosecution appears driven by something other than the facts or the law."

Stein added: "Mr. Busfield will fight these charges at every stage and looks forward to testing the State's case in open court — where evidence matters — not behind closed doors."

The arrest and initial charges

Busfield was first arrested on 13 January on two counts of criminal sexual contact of a minor and one count of child abuse. A warrant issued by the Albuquerque Police Department on 9 January alleged that Busfield engaged in unlawful sexual conduct with twin 11-year-old boys whose identities have not been publicly disclosed. He was released from custody one week later following a pretrial detention hearing in Bernalillo County.

Following his release, a court ordered Busfield to attend all future hearings and comply with several conditions — including no contact with the alleged victims or their families, and no unsupervised contact with any minor children.

Trial timeline and defence conditions

Busfield's trial is currently scheduled to begin in May 2027, though the date remains subject to change, his criminal defence attorney Amber Fayerberg previously confirmed to PEOPLE. Court dockets indicate proceedings are expected to last approximately three weeks.

Melissa Gilbert's public defence of her husband

In the months since the arrest, Busfield's wife, Melissa Gilbert, whom he married in April 2013, has spoken publicly in his defence. Gilbert, 62, addressed two prior sexual assault allegations referenced in the arrest warrant during an April interview on Good Morning America.

"When Tim and I got together, the internet existed. I didn't go into my relationship blind. I'm neither naive nor am I complicit," Gilbert said. "I talked to him about it. I asked him questions about it. I heard his side of the story — which nobody has ever heard — which is the truth. And when the time is right, and that is not now, Tim will tell the truth of all of these past allegations when he needs to."

Gilbert also described the experience since her husband's arrest as deeply painful. "This has been the most traumatizing experience of our lives," she said, adding that the period following the arrest had been "hell."