Prosecutorial misconduct ruling clears way for retrial after judge tosses Busfield's child sex abuse indictment

A New Mexico judge dismissed child sex abuse charges against *West Wing* actor Timothy Busfield, citing prosecutorial misconduct after grand jurors were wrongly told they needed at least eight votes before any witness could be called. Judge Joseph Montano ruled the prosecutor "failed to act in a fair and impartial manner," but prosecutors retain the option to bring new charges. Busfield, 69, had faced four counts over alleged touching of twin boys on the Albuquerque set of *The Cleaning Lady*.

His lawyer Amber Fayerberg said the blocked witnesses were "sitting in the hallway, ready to tell."

Busfield denies the allegations, calling them lies motivated by revenge.

The Bernalillo County District Attorney's office says it is "evaluating our options."