Timothy Busfield scores legal win as Judje dismisses sexual assault case
Timothy Busfield was first indicted on charges of child sexual abuse by a grand jury earlier this year
A New Mexico judge has dismissed the indictment against Timothy Busfield, which included charges of child sexual abuse.
Judge Joseph Montano granted a motion filed by the actor, which requested the dismissal of the indictment - an indictment that contained four counts of criminal sexual contact with a minor.
“The prosecuting attorney failed to act in a fair and impartial manner, including the failure to properly instruct the grand jury on the law for calling witnesses and in instructing the grand jurors on a procedure that effectively withheld requested witnesses,” the judge penned in court documents, as per US Weekly.
“In doing so, the grand jury proceedings were conducted in a manner that violated grand jury statutes designed to protect the structural integrity of our grand jury system and the presumption of prejudice applies," the judge added.
This decision comes approximately four months after Timothy's lawyers filed a motion to quash a grand jury indictment.
“Timothy Busfield is innocent. This motion describes egregious prosecutorial misconduct during grand jury proceedings, thereby preventing the jurors from hearing testimony, witnesses and evidence even after repeated requests by the grand jury itself,” the actor's attorney Stanton “Larry” Stein claimed in a statement at the time.
“The government repressed and suppressed exculpatory evidence, misstated the law and failed in the most basic due process afforded any person under either Constitutional or State laws designed to protect actual innocence from abuse of government power," he added.
For those unaware, the 69-year-old actor was first indicted on charges of child sexual abuse by a grand jury earlier this year.
