The West Wing actor Timothy Busfield was released from jail Tuesday night in New Mexico while he awaits trial on child sexual abuse charges, a court has ruled.
Bernalillo County District Court Judge David A. Murphy rejected New Mexico prosecutors’ bid to keep Busfield, 68, detained. They outlined what they said was grooming behaviour and abuse of power by the Thirtysomething actor over three decades.
Busfield’s charges stem from allegations he inappropriately touched a minor on the set of the TV series, The Cleaning Lady, that he was directing in New Mexico. He faces two counts of criminal sexual contact of a child under 13 and one count of child abuse.
Busfield’s lawyers argued that the actor wasn’t a danger to the community and shouldn’t be behind bars while he awaits trial.
Murphy said while the crimes Busfield is accused of are inherently dangerous and involve children, prosecutors didn’t prove he posed a risk to public safety if 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.”
The judge also said that the risk of Busfield committing more crimes “can be remedied through different conditions of release.”
Under the order, Busfield may not contact the alleged victims or their families, discuss the case with witnesses, or have any unsupervised contact with minors. He has also been ordered to appear for all his future court dates and is not allowed to possess any firearms or dangerous weapons or consume any alcohol or illegal drugs.
The ruling came a week after Busfield surrendered to the Albuquerque Police Department (APD) after an arrest warrant had been issued for the director to face child sex abuse charges.
Busfield appeared at the hearing wearing an orange jumpsuit and shackles.
According to the criminal complaint, an investigator with the APD 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 a second 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 said he didn’t tell anyone because he feared he would get in trouble, the complaint said.
During the hearing on Tuesday, Busfield’s lawyers pointed out that the children initially said during interviews with police that Busfield didn’t touch them inappropriately. Busfield’s lawyers then accused the boys’ parents of coaching their children toward incriminating statements after the siblings lost lucrative roles on the show.
Busfield’s defence team called one witness — Alan Caudillo, director of photography on The Cleaning Lady — to testify that children on set were never left alone with anyone and that the parents were the ones who encouraged hugs with adults on the set.
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According to the criminal complaint, one of the boys later disclosed during a therapy session that he had been inappropriately touched by Busfield. Those records were obtained by police during the investigation.
Assistant District Attorney Savannah Brandenburg-Koch called the evidence of abuse against Busfield strong and specific. She also said witnesses expressed fear about potential retaliation and professional harm.
“The boys’ allegations are supported by medical findings and by their therapist,” Brandenburg-Koch said. “Their accounts were specific and not exaggerated.”
“It was during therapy, not the parents, that S.L. described sexual abuse by the defendant and V.L. disclosed inappropriate touching,” she added, referring to the alleged victims by their initials that appear in the criminal complaint. “S.L. even disclosed in therapy that he was mad at his dad because he thought he knew it was going on since he had the iPad to watch his children.”
Defence lawyer Amber Fayerberg said her client will be under intense scrutiny because of the 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.”
“His career is over — in the span of six days, it’s done,” she added. “Edited out of projects, talent agency dropped him, allegations plastered all over global media of pedophilia.”
She also called the alleged victim’s father, Ronald Rodis, a “con artist” looking for a payout.
“This entire criminal complaint is making good on that promise,” Fayerberg said. “They got a civil attorney first in California, who then interacted with WB (Warner Bros.). They didn’t contact the police until WB said there’s nothing behind these allegations. Translation: We’re not giving you any money. Then they went to the police.”
Melissa Gilbert, Busfield’s wife and Little House on the Prairie alum, attended Tuesday’s detention hearing and sat behind her husband.
Gilbert was seen crying and whispering, “Thank you, God,” after the judge ruled that Busfield would be released with conditions as he awaits trial following the two-hour pretrial detention hearing.
Outside the courthouse, Gilbert thanked the judge for the ruling.
“We appreciate the judge thoroughly evaluating the evidence and reaching the just decision. And we are very excited and happy, especially Melissa,” Larry Stein, a lawyer for Busfield, said in a statement to Los Angeles Magazine.
Gilbert had submitted a letter of support prior to her husband’s hearing, alleging that he “has the strongest moral compass of any human I have ever known.”
In the filing, 75 letters of support for the actor were included from family, colleagues and friends.
In Gilbert’s letter, she wrote, “The reality is that Tim Busfield is my love, my rock, my partner in business and life. He is my comfort and my council. His joy, humor and quick wit bring sparkle to my life. Tim is, quite simply, the beating heart of our wild and wonderful extended family.”
In a video shared before turning himself in, Busfield called the allegations against him “lies.”
“They’re all lies and I did not do anything to those little boys and I’m gonna fight it. I’m gonna fight it with a great team, and I’m gonna be exonerated, I know I am, because this is all so wrong and all lies,” he said.
Busfield’s next court appearance is Jan. 29.
— With files from The Associated Press
