Timeline of the detention request
Emmy Award-winning actor Timothy Busfield turned himself in to face child sex abuse charges in New Mexico, and his attorneys argued in court Friday that he should be released while prosecutors pursue the case. The request came after Busfield was ordered held without bond at his first court appearance on Wednesday, the day after he turned himself in, according to the Associated Press.
The attorneys said they want the judge to decide detention only after considering what they described as undermining evidence, including a separate investigation they said found the allegations were unfounded, as well as what they said was a polygraph result. They also cited what they described as a history of fraud involving the parents of the accusers.
Arrest warrant and charges
Albuquerque police issued a warrant for Busfield’s arrest last week charging him with two counts of criminal sexual contact of a minor and one count of child abuse. The charges stem from allegations described in a criminal complaint that the acts occurred on the set of the TV series “The Cleaning Lady,” which was filmed in the city.
Busfield appeared for his first court appearance Wednesday after turning himself in, and the court ordered him held without bond.
What prosecutors allege
The criminal complaint describes statements to police by a child accuser, as reported by an investigator with the police department. The investigator said the child reported Busfield touched him on private areas over his clothing on one occasion when he was 7 years old and again when he was 8.
The complaint also says the child’s twin brother told authorities he was also touched by Busfield, though he did not specify where. The filing further reports the twin brother said he did not speak up because he did not want to get in trouble.
Defense arguments in court filings
Busfield’s attorneys argued that the allegations came only after the boys lost their role in the TV show. They said this created what they described as a financial and retaliatory motive, and they argued that the boys’ father and mother have a history of fraud and dishonesty.
The defense also cited an investigation by Warner Bros., saying it reviewed the allegations and found them unfounded. The attorneys said prosecutors did not include that report in the criminal complaint, and they said independent witnesses supported the report’s conclusions.
In addition to the filings, Busfield submitted letters vouching for his character, and his lawyers said he passed a polygraph test. They said the polygraph result aligns with other information they submitted.
Next step: Tuesday’s detention hearing
A judge will hold a detention hearing on Tuesday to determine whether Busfield will remain in jail pending the outcome of the case.
Legal experts cited by the Associated Press said New Mexico is among a few states that allow polygraph evidence in criminal cases, but that a judge has final say over whether such evidence can be used, with strict admission requirements.
Statement before turning himself in
Before turning himself in, Busfield shared a video calling the allegations lies, according to the Associated Press. Busfield is married to actor Melissa Gilbert and is known for appearances in “The West Wing,” “Field of Dreams” and “Thirtysomething.”