With strong support from the cast of thirtysomething and others, Timothy Busfield has come out forcefully tonight against the child sex abuse charges against him, as well as attempts by prosecutors to keep him behind bars.
“The State’s attempt to transform responsible self-surrender into aggravating conduct only underscores the absence of genuine evidence of dangerousness,” declares an opposition filing just placed in the New Mexico courts seeking to blunt pre-trial efforts by prosecutors to keep the currently in custody Busfield imprisoned up to and during a trial on the felony claims.
“The Motion asks the Court to imprison a man based on a story that has already collapsed under independent scrutiny,” the exhibit heavy document from Albuquerque attorneys Amber Fayerberg and Christopher Dodd says. “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. The Constitution does not allow liberty to be forfeited on such a foundation. The State’s Motion should be denied.”
The lawyers assert: “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 Constitution requires release under appropriate conditions.”
Busfield is looking at possibly a decade in state prison if found guilty on two counts of criminal sexual contact with a minor and child abuse.
With at least one new claim emerging in the days after he was charged, the 68-year-old Busfield is accused of misconduct with two 2014-born brothers who were actors on episodes of the Albuquerque filmed The Cleaning Lady that the Emmy winner directed.
Not long after the U.S. Marshals were called in last week, Busfield arrived in Albuquerque and turned himself in to authorities on January 13, five days after an arrest warrant was issued for him. Being held without bond at the Bernalillo County Metropolitan Detention Center after being arrested and booked, Busfield appeared briefly in Judge Felicia Blea-Rivera’s courtroom remotely on January 14. The same day, as Deadline exclusively reported, Busfield was dropped by his longtime agency Innovative Artists.
In addition to taking swipes at the personal, professional and legal history (Father admitted to “conspiracy to commit wire fraud” and was disbarred) of the boys’ parents, tonight’s filing ahead of a pre-trial detention hearing next week contains a slew of letters from his wife Melissa Gilbert, director Edward Zwick, and fellow actors extolling Busfield’s virtues.
“Timothy is my friend, so no doubt I’m biased,” says thirtysomething cast member Ken Olin in a letter included. “But I know him well, through many years and many changing life circumstances, and he has always been a man who cares about other people – old and young. And 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.”
Fellow thirtysomething cast mates Peter Horton and Patricia Wellig Olin offered similar sentiments.
As well, a January 15 clinical assessment of Busfield concludes: “Given Mr. Busfield did not have any static or dynamic risk factors identified through the assessment and psychometric tools, it is highly likely that he would abide by any supervision requirements placed on him, if he was released from custody.”
Albuquerque ‘s Metropolitan Detention Center, where Busfield is being held
Metropolitan Detention Center Home – Bernalillo County/Facebook
Despite vehemently declaring his innocence on January 13 and insisting “I did not do anything to those little boys,” Busfield did not enter a plea at that appearance. The actor, his lawyers (who have noted their client successfully passed a polygraph examination on the claims) and Bernalillo County DA Sam Bergman’s office are all expected in District Court in person on January 20 for an early afternoon hearing on the pre-trial detention motion.
Depending on how that goes, Busfield could walk out on bail or stew in a Land of Enchantment cell for months.
