Timothy Busfield’s lawyers are criticizing prosecutors as the actor faces sexual assault charges
Actor and director Timothy Busfield is fighting for his release as New Mexico prosecutors try to keep him jailed ahead of trial on child molestation charges, RadarOnline.com reports.
Busfield’s attorneys argue that the state has no credible evidence to justify pretrial detention and is falsely portraying his voluntary surrender as a sign of danger.
According to the attorney’s new brief, filed on Tuesday, January 13, “the State’s attempt to convert responsible self-surrender into aggravated conduct only underlines the lack of real evidence of danger.”
The opposition brief, filed by Albuquerque attorneys Amber Fayerberg and Christopher Dodd, challenges the prosecutor’s request to deny Busfield’s bond.
“The Motion asks the Court to imprison a man based on a story that has already succumbed to independent investigation,” the document said. “The state offers no reliable evidence – only allegations raised by witnesses with a documented history of fraud and financial exploitation, contradicted by an extensive studio investigation, and refuted by witnesses and objective risk assessments.
“The Constitution does not permit the forfeiture of liberty on such a basis. The state’s request must be denied.”
Busfield, 68, faces up to 10 years in prison if convicted of two counts of criminal sexual contact with a minor and child abuse.
Prosecutors allege he engaged in misconduct with two brothers, born in 2014, who appeared as actors in episodes of The cleaning ladywhich Busfield directed while the series was filming in Albuquerque.
After an arrest warrant was issued, Busfield traveled to New Mexico and surrendered to authorities on January 13, five days later. He was arrested and booked into the Bernalillo County Metropolitan Detention Center, where he is being held without bond.
Busfield appeared remotely in Judge Felicia Blea-Rivera’s courtroom on January 14 and did not enter a plea. That same day he was dropped by the old agency Innovative Artists.
In addition to disputing the allegations, Busfield’s legal team has submitted numerous letters of support from family members and colleagues.
Among them is a statement of Thirty co-star Ken Olin, who wrote, “Timothy is my friend, so I’m undoubtedly biased,” adding, “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 my heart that Timothy would never do anything to cruelly exploit or harm anyone, let alone a child.”
Letters from fellow cast members Peter Horton and Patricia Wellig Olin were also attached, along with a Jan. 15 clinical assessment that concluded: “As Mr. Busfield has not had any static or dynamic risk factors identified through the assessment and psychometric tools, it is highly likely that he would comply with any supervision requirements placed on him, if released from custody.”
Busfield has denied the allegations, stating on January 13: “I didn’t do anything to those little boys.”
A pre-trial detention hearing is scheduled for January 20 in court.
