Actor Timothy Busfield was released from jail Tuesday night in New Mexico, where he is facing counts of child sexual abuse.
Hours earlier, Busfield's attorneys successfully argued that the actor best known for appearances in The West Wing, Field Of Dreams and Thirtysomething wasn't a danger to the community and shouldn't be behind bars while he awaits trial. Prosecutors sought to keep him in jail, outlining what they said was grooming behavior and abuse of power by Busfield over three decades.
State District Court Judge David Murphy said while the crimes Busfield is accused of inherently are dangerous and involve children, prosecutors didn't prove the public wouldn't be safe if he's released.
"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.”
Outside the courthouse, Busfield's wife, actor Melissa Gilbert, thanked Murphy for the ruling. She also thanked friends, relatives, co-workers and strangers who she said have showered their family with love. Gilbert, who played Laura Ingalls in the 1970s to ’80s TV series Little House On The Prairie, sat behind Busfield during the hearing. He was handcuffed and dressed in an orange jail jumpsuit.
Prosecutors declined to comment on the ruling.
Busfield is facing two counts of criminal sexual contact of a minor and one count of child abuse while working as a director on the set of the TV series The Cleaning Lady, allegations that he denies. He was booked into jail after a warrant was issued for his arrest and he turned himself in.
According to the criminal complaint, an investigator with the Albuquerque Police Department said a boy reported that Busfield touched him on his private areas over his clothing on one occasion when he was seven years old and another time when he was eight. The boy’s twin brother told authorities he was also touched by Busfield, but he did not specify where and didn't say anything because he didn't want to get in trouble, the complaint said.
During the hearing Tuesday, Busfield's attorneys pointed out that the children initially said during interviews with police that Busfield didn't touch them inappropriately. Busfield's attorneys then accused the boys' parents of coaching their children toward incriminating statements after the boys lost lucrative roles on the show.
Busfield's defense team called just one witness - Alan Caudillo, director of photography on The Cleaning Lady - to testify that children on set were never left alone with individuals, and that the parents were the ones who encouraged hugs with adults on the set.
According to the criminal complaint, one of the boys later disclosed during a therapy session that he was inappropriately touched by Busfield. Those records were obtained by police during the investigation.
Assistant District Attorney Savannah Brandenburg-Koch called evidence of abuse against Busfield strong and specific. She also said witnesses expressed fear about potential retaliation and professional harm.
"The boys’ allegation are supported by medical findings and by their therapist,” Brandenburg-Koch said. "Their accounts were specific and not exaggerated.”
Arguing for Busfield’s release, defense attorney Amber Fayerberg said her client will be under intense scrutiny because of publicity surrounding the charges.
"That bell can’t be un-rung,” Fayerberg said. "The idea that he (Busfield) could then go out and be dangerous with a child - in the world where everybody knows who he is - is absurd.”
Busfield submitted letters vouching for his character, and his attorneys say he passed an independent polygraph test.
Legal experts say New Mexico is among a few states that allow polygraph evidence in criminal cases, but a judge has final say over whether one can be used. There are strict requirements for admission in court. – AP
