A judge ordered actor Timothy Busfield released from jail pending trial on child sex abuse charges during a detention hearing Tuesday.
State district court judge David Murphy’s order comes amid allegations that Busfield inappropriately touched a minor while directing on the set of The Cleaning Lady.
Busfield will be monitored upon release by a pretrial services office in Albuquerque, and is allowed to leave the state to return home, the judge said.
The Emmy Award-winning actor is known for roles in The West Wing, Field of Dreams and Thirtysomething. He was ordered to be held without bond last week.
Busfield denied the allegations and called them lies in a video released prior to turning himself in.
The judge acknowledged evidence that Busfield is accused of crimes that are inherently dangerous and involve children, but said prosecutors didn’t prove that there are no conditions of release that would protect the public’s safety.
“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.”
At the hearing, Busfield was handcuffed and dressed in an orange jail uniform in a New Mexico state district court, while wife and actor Melissa Gilbert watched from the court gallery.
Gilbert was tearful while exiting the courtroom after the judge ordered Busfield’s release.
Gilbert, who played Laura Ingalls in the 1970s to ’80s TV series Little House on the Prairie, was on the list of potential witnesses submitted ahead of the hearing.
Albuquerque police issued a warrant for Busfield’s arrest earlier this month on two counts of criminal sexual contact of a minor and one count of child abuse. A criminal complaint alleges the acts occurred on the set of the series “The Cleaning Lady.”
According to the criminal complaint, an investigator with the police department says the child reported Busfield touched him on private areas over his clothing on one occasion when he was 7 years old and another time when he was 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.
On Monday, Busfield’s attorneys submitted two brief audio recordings of initial police interviews in which the children say Busfield did not touch them in private areas. The attorneys in a court filing argue that the complaint characterizes the interviews as a failure to disclose abuse, but an “unequivocal denial is materially different from a mere absence of disclosure.”
According to the criminal complaint, one of the boys disclosed during a therapy session that he was inappropriately touched by the show’s director. Those records were obtained by the police during the investigation.
Arguing Tuesday for Busfield’s continued detention, Assistant District Attorney Savannah Brandenburg-Koch called evidence of abuse against Busfield strong and specific.
“The boys’ allegation are supported by medical findings and by their therapist,” Brandenburg-Koch said. “Their accounts were specific and not exaggerated.”
She also described a documented pattern of sexual misconduct, abuse of authority and grooming behavior by Busfield over the past three decades. Prosecutors also say witnesses have expressed fear regarding retaliation and professional harm.
“GPS is not going to tell this court if he is around children or talking to witnesses,” Brandenburg-Koch said.
Busfield’s attorneys have argued that the allegations 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 boys’ father and mother. They cited an investigation by Warner Bros. into the allegations that found the allegations unfounded.
Busfield also submitted letters vouching for his character, and his attorneys say he passed an independent polygraph test.
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.
