A judge on Tuesday ordered that Timothy Busfield be released pending a trial on charges of child sex abuse.
Busfield has been in jail in Albuquerque, N.M., since surrendering to authorities on the charges last week. He is accused of groping a 7-year-old boy’s “private areas” while directing episodes of “The Cleaning Lady,” on Fox.
Prosecutors asked Judge David Murphy to hold Busfield in custody for the duration of the case, arguing that he poses a danger to the community.
But Murphy ruled that Busfield’s lack of a criminal history meant that he should be released. He ordered Busfield not to have unsupervised contact with minors during the pendency of the case.
Busfield’s lawyer, Christopher Dodd, noted that his client had immediately driven to New Mexico from New York to surrender.
“He is ready to fight this case and he is going to fight this case,” Dodd said.
Dodd also noted that the alleged victim had initially denied that there was sexual contact when first interviewed by police. The defense also called Alan Caudillo, the director of photography on “The Cleaning Lady,” who said he was with Busfield “100%” of the time and never saw him tickling or picking up the boys.
Love Film & TV?
Get your daily dose of everything happening in music, film and TV in Australia and abroad.
“Is it possible that Mr. Busfield inappropriately touched (the alleged victim) on the set of the Cleaning Lady?” Dodd asked.
“No,” Caudillo said, adding, “If the child was on set, there was a minimum of 10 people on the set with him.”
Savannah Brandenburg-Koch, an assistant deputy D.A., noted that Busfield has faced previous allegations of sexual misconduct, though none have risen to the level of criminal charges.
“The behaviour hasn’t stopped,” she argued. “In fact, it’s continued, as we see in these reports and other allegations. He has continued to get away with them. The ongoing risk of the defendant reoffending or continuing to do what he has because of the power of his position shows this court that he does have the likelihood that he could reoffend.”
At a press conference last week, District Attorney Sam Bregman said that his office routinely seeks to hold defendants in custody in child abuse cases. New Mexico does not have a cash bail system, and defendants are generally entitled to pre-trial release unless the state can show they pose a danger to the community.
From Variety US