Busfield Fights Back: Actor Demands Judge Toss Indictment Over Prosecution Missteps

Timothy Busfield isn’t going quietly. The actor has filed papers asking a judge to throw out his grand jury indictment, arguing that prosecutors presented an incomplete and one-sided case that ignores exculpatory evidence stacked in his favor.

Here’s what Busfield’s legal team is pointing to: a Warner Bros. independent investigation that found nothing backing the allegations against him, a polygraph test he passed regarding claims he never inappropriately touched one of the alleged victims, and multiple witness affidavits defending him. All of it, they argue, was conveniently absent from what prosecutors showed the grand jury. Busfield contends the state of New Mexico has effectively abdicated its responsibility to administer justice by blindly pursuing an indictment without considering the full picture.

The actor also claims he tried to set the record straight by testifying in his own defense before the grand jury—but says the prosecutor treated his appearance like an adversarial cross-examination rather than a chance to tell his side. That’s a significant detail. Grand jury proceedings are supposed to be less combative than trial, and the way a defendant is questioned can shape how jurors perceive the evidence.

Busfield surrendered to authorities in New Mexico back in January, just days after a warrant was issued. He was indicted on child sex abuse charges in early February and has denied all allegations. His wife, fellow actress Melissa Gilbert, has publicly insisted on his innocence. The legal move he’s making now is a standard but critical step—if the judge agrees that prosecutors poisoned the well by withholding or downplaying evidence, the entire indictment could collapse before trial even begins. It’s a high bar, but not an impossible one.

Podcast hosts Harvey Levin and Mark Geragos have been vocal critics of the prosecution, accusing them of headline-chasing while conveniently ignoring a criminal fraud conviction against one of the parents connected to the case. That credibility question—who’s bringing the allegations and with what track record—could become central to how a jury, or a judge deciding on the indictment, views the whole matter.