ALBUQUERQUE, N.M. — Attorneys representing Emmy Award-winning actor Timothy Busfield have argued for his release as he awaits the resolution of child sex abuse charges. They claim an independent investigation casts doubt on the state’s case, the accusers’ parents have a track record of fraud, and Busfield successfully passed a polygraph test.
Busfield was denied bail following his first court appearance on Wednesday, which came a day after he surrendered to face charges related to allegations of inappropriate conduct with a minor during the production of a TV series he was directing in New Mexico.
A judge is scheduled to conduct a detention hearing on Tuesday to decide if Busfield will continue to be held in custody.
Last week, Albuquerque police issued an arrest warrant for Busfield on charges including two counts of criminal sexual contact of a minor and one count of child abuse. The criminal complaint alleges these incidents took place on the set of “The Cleaning Lady,” filmed in Albuquerque.
Busfield, who is married to actress Melissa Gilbert and renowned for roles in “The West Wing,” “Field of Dreams,” and “Thirtysomething,” has publicly denied the accusations, labeling them as false in a video prior to his surrender.
The criminal complaint details statements from a police investigator, revealing that the child involved reported being touched inappropriately by Busfield over clothing on two occasions, once at the age of 7 and again at age 8.
The boy’s twin brother told authorities he was also touched by Busfield, but did not specify where. He said he didn’t say anything because he didn’t want to get in trouble.
Busfield’s attorneys said in court filings that the allegations against him emerged only after the boys lost their role in the TV show, creating a financial and retaliatory motive. The filings detailed what the attorneys said was a history of fraud by both the father and mother.
They cited an investigation by Warner Bros. into the allegations, which they said prosecutors didn’t include in their criminal complaint, found the allegations unfounded. Independent witnesses supported the report’s conclusions, the court filings said.
Busfield also submitted letters vouching for his character. His passing of the polygraph test aligns with the other information submitted, his attorneys said.
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.
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