Albuquerque, New Mexico — A judge has ordered actor Timothy Busfield released from prison pending his trial Accusations of child sexual abuseat a hearing Tuesday.
The order issued by District Court Judge David Murphy is related to accusations that Busfield inappropriately touched a minor while working as a director on the set of “The Cleaning Lady.”
The judge said Bousfield will be supervised after his release by the Office of Pretrial Services in Albuquerque and can leave the state to return home.
Busfield, an Emmy Award-winning actor known for his appearances in “The West Wing,” “Field of Dreams” and “Thirtysomething.” He was ordered held without bond Last week during his first court appearance. Busfield called the allegations false in a video shared before he turned himself in.
The judge acknowledged evidence that Busfield was charged with crimes that were serious in nature and involved children, but said prosecutors had not proven that there were no conditions of release that would protect the public’s safety.
“There is no evidence of a pattern of criminal behavior, and there are no similar allegations involving children in his past,” Murphy said. “Instead, this defendant surrendered himself and submitted himself to the jurisdiction of this court, demonstrating his compliance with the court’s order for his arrest.”
At the hearing, Busfield was handcuffed and wearing an orange prison uniform in New Mexico State District Court, while his wife and actress Melissa Gilbert watched from the courtroom.
Gilbert was crying as he walked out of the courtroom after the judge ordered Busfield released.
Gilbert who played Laura Ingalls in the 1970s to 1980s The TV series “Little House on the Prairie” was on the list of potential witnesses presented before the hearing.
Albuquerque Police issued a… note Busfield was arrested earlier this month on two counts of criminal sexual contact with a minor and one count of child abuse. A criminal complaint alleges the acts occurred during the filming of the series “Cleaning Lady.”
According to the criminal complaint, a police department investigator says the child reported that Busfield touched him in private areas over his clothing on one occasion when he was 7 years old and again when he was 8 years old. The boy’s twin brother told authorities that Busfield also touched him, but did not specify where. He said he didn’t say anything because he didn’t want to get in trouble.
Busfield’s attorneys on Monday presented two brief audio recordings of initial interviews with police in which the children said Busfield did not touch them in private areas. The complaint describes the interviews as a failure to disclose abuse, but “categorical denial is fundamentally different from mere absence of disclosure,” the attorneys say in a lawsuit.
According to the criminal complaint, one of the boys revealed during a therapy session that he had been touched inappropriately by the show’s director. The police obtained these records during the investigation.
Arguing Tuesday about Busfield’s continued detention, Assistant District Attorney Savannah Brandenburg-Koch described the evidence of abuse against Busfield as strong and specific.
“The boys’ claims are supported by medical findings and their therapist,” Brandenburg-Koch said. “Their accounts were specific and not exaggerated.”
It also described a documented pattern of sexual misconduct, abuse of power and grooming behavior by Busfield over the past three decades. Prosecutors also say witnesses expressed fear of retaliation and professional harm.
“GPS would not tell this court if he was around children or talking to witnesses,” Brandenburg-Koch said.
Busfield’s lawyers say the allegations only came to light after the two boys lost their roles on the TV show, creating a financial and retaliatory motive. The files detail what lawyers said was a history of fraud by the boys’ father and mother. They cited the investigation by Warner Bros. In the allegations that were found to be unfounded.
Busfield also submitted letters proving his character, and his lawyers say he passed an independent polygraph test.
Legal experts say New Mexico is among the few states that allow the use of polygraph evidence in criminal cases, but the judge has the final say on whether this evidence can be used. There are strict requirements for admission.
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Morgan reported from Santa Fe, New Mexico.