Timothy Busfield’s Lawyers Say Studio Investigation Undermines Charges

Lawyers for Timothy Busfield said in an opposition filing Friday that an independent investigation into the accusation against the actor undermines New Mexico’s child sex abuse case, and that Busfield should be released from jail. 

On Wednesday, Busfield faced a judge for the first time since turning himself in on two counts of criminal sexual contact of a minor and one count of child abuse; the actor did not enter a plea at the hearing, and the judge ordered that Busfield be held without bond until his next hearing, scheduled for Tuesday, January 20.

Busfield’s lawyers argued for Busfield’s release in court filings Friday, stating that the actor previously passed a polygraph test  and that Warner Bros.’ independent investigation into the accusations by twin child actors on the series The Cleaning Lady found the allegations unfounded, ABC News reports.

The filing also cited that the child actors’ parents both had a history of fraud, and that the father had admitted to “conspiracy to commit wire fraud” and was disbarred.

“The State offers no reliable proof—only allegations advanced by witnesses with documented histories of fraud and financial exploitation, contradicted by a comprehensive studio investigation, and refuted by witnesses and objective risk assessments,” Busfield’s lawyers wrote.

“For all of these reasons—the independent investigation that undermined the State’s allegations at every turn, the affirmative findings of the polygraph and ABEL assessment, the overwhelming evidence of character and community support, and the absence of any reliable proof of dangerousness—the State cannot meet its burden of clear and convincing evidence that no conditions of release will reasonably protect the community.”

The filing was also accompanied by letters of support for Busfield written by his wife Melissa Gilbert as well as his Thirtysomething cast mates Peter Horton and Ken Olin. “I know in the very bottom of my heart that Timothy would never do anything to cruelly exploit or harm anyone, let alone a child,” Olin wrote.

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Busfield said in a video statement prior to turning himself in, “I’m going to confront these lies. They’re horrible, they’re all lies, and I did not do anything to those little boys. I’m going to fight it with a great team, and I’m going to be exonerated. I know I am, because this is all so wrong and all lies.”

Prosecutors alleged in a pre-detention filing that after news of Busfield’s arrest went public, another victim’s father, Colin Swift, reported to law enforcement that his 16-year-old daughter was abused by Busfield “several years ago” at an audition in Sacramento, California. 

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“[Busfield] begged the family to not report to law enforcement if he received therapy,” the pretrial detention motion alleges. “Colin Swift, a therapist himself, thought at the time that was the best thing to do.” Prosecutors also cited two other incidents where Busfield was accused of sexual assault, once in 1994 and a second incident in 2012, though neither incident resulted in criminal charges.

Following the charges against Busfield, the actor was dropped from his longtime agency Innovative Artists.