Timothy Busfield seeks to have grand jury indictment dismissed
Timothy Busfield has filed a motion to have the grand jury indictment against him dismissed.
Timothy Busfield has sought to have the grand jury indictment against him dismissed.
The West Wing actor is awaiting trial after pleading not guilty to four counts of criminal sexual contact of a minor (child under 13), but his legal team have alleged "prosecutorial misconduct" and have filed a motion requesting the grand jury indictment in New Mexico be thrown out.
His civil attorney, Larry Stein, told People magazine in a statement: “Timothy Busfield is innocent.
"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 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.”
The attorney previously admitted the "indictment was not unexpected”, but insisted the case was "fundamentally unsound".
He added: "As the saying goes, a grand jury will indict a ham sandwich. 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.
“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. 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."
Bernalillo County District Attorney Sam Bregman previously announced the indictment and said in a statement: “As with all criminal proceedings, Mr. Busfield is presumed innocent unless and until proven guilty in a court of law. This case will proceed through the judicial process and is expected to move forward to trial."
The Special Victims Unit of the Bernalillo County District Attorney’s Office will be prosecutors on the case, per the statement, and Bregman insisted that “protecting children remains a top priority for his office”.
He went on to say: “The Bernalillo County District Attorney’s Office remains committed to doing everything possible to protect children and ensure justice for victims across New Mexico.”
The 69-year-old actor - who is married to Melissa Gilbert and has three children from previous marriages - turned himself in and was booked by authorities on January 13, just four days after the Albuquerque Police Department (APD) issued a warrant for his arrest.
The warrant came after it was alleged that he engaged in unlawful sexual conduct with 11-year-old twin boys.
On January 20, the Field of Dreams actor was released with conditions while awaiting trial.
The conditions include that he is not allowed to possess any firearms or dangerous weapons, consume any alcohol or illegal drugs, have contact with the alleged victims or their families, discuss the case with any witnesses or have unsupervised contact with any minor children.
Busfield has denied all the charges, saying in a video obtained by TMZ: “I did not do anything. 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."
