EXCLUSIVE: Timothy Busfield Prosecutors Allege Warner Bros. Violated New Mexico Law by Failing to Report Child Sex Abuse Allegations

Timothy Busfield was accused of on-set s-xual misconduct with minors – and the studio allegedly didn't report it to authorities, RadarOnline.com can exclusively reveal.

Before a criminal investigation began, which resulted in four charges of criminal s-xual contact of a child under the age of 13 for the 69-year-old director, Warner Bros. was alerted to alleged child s-x abuse on The Cleaning Lady set. While they launched an independent investigation, based on a tip made through SAG-AFTRA, they did not alert authorities.

Prosecutors alleged this was a violation of New Mexico law, but have not indicated if they plan to take action against the media conglomerate.

In the Warner Bros. independent investigation report, obtained by Radar, the attorney noted allegations of s-x abuse, which she subsequently looked into. However, prosecutors alleged, "nobody, the independent attorney nor Warner Bros., ever reported this abuse."

A prosecutor told the judge at a pretrial detention hearing, per audio obtained by Radar, that "in New Mexico it is mandated that everybody, not just teachers, doctors, are mandated reporters, but everybody is."

She continued, "So, it is concerning that an investigator, who is still investigating, even though they didn't talk to the kids or anyone relevant to that information, they still didn't report any abuse."

Prosecutors acknowledged the Warner Bros. independent investigation did not find any wrongdoing, but argued: "Their investigation was pretty minimal, and the witnesses needed weren't ever interviewed."

Radar has contacted Warner Bros. for comment.

Attorneys confirmed to Radar that prosecutors were correct about the basis of New Mexico law.

John W. Day, Criminal Defense and Civil Rights attorney at John Day Law Office LLC, said: "New Mexico law requires 'every person,' and that includes the camera operator, the caterer, the studio lawyer, not just teachers and doctors, who knows or reasonably suspects that a child is being abused to report it immediately to law enforcement or the Children, Youth and Families Department."

Further, the lawyer explained the studio didn't need to prove or corroborate alleged s-xual misconduct through an independent investigation before reporting it.

Day added: "The duty is triggered by reasonable suspicion, and the report must be immediate."

However, prosecuting the studio, Day explained, would be an unlikely move. While the crime could result in up to one year in jail, prosecutors likely won't pursue a charge as it's an "uphill battle."

He pointed out there could be jurisdiction issues with the alleged crimes and TV show filming occurring in New Mexico while the studio and investigator are based in California.

Day said, "The State would have to prove they formed a genuine suspicion of abuse rather than concluding the allegations were unsubstantiated, and prosecuting a California-based investigator for an omission, for a call never made to New Mexico authorities, raises jurisdictional questions no New Mexico court has decided under this statute."

So far, no criminal charges have been filed against anyone, other than Busfield, related to The Cleaning Lady. Busfield pleaded not guilty and denied all allegations against him, claiming a video of the children showed them denying he ever touched them.

As for potential civil recourse from the parents, this particular law would have no bearing on a case.

Instead, Day advised a lawsuit regarding alleged ordinary negligence would be more fitting and explained the lack of reporting could be "evidence of that failure" to protect children on its set.

Yosi Yahoudai, Co-Founder & Managing Partner at J&Y Law, echoed the sentiment that there's a real possibility for a civil case – if the parents decide to pursue it.

The attorney said, "In cases like this, there may be multiple potentially liable parties, not just the alleged perpetrator. Depending on the circumstances, liability could extend to those responsible for the safety and oversight of the event or location, the production company, and even the employer itself if there were failures in hiring, screening, training, or reporting procedures."

The state's requirement for everyone to report, Yahoudai advised, could play a role in the case, even if it's not the infraction.

However, the parents are currently not planning to file a civil lawsuit against Busfield, according to prosecutors. There's no mention of a case against the studio, either.

Nonetheless, Busfield alleged the parents are "criminals" hoping to use him as an "ATM."

That allegation, made by Busfield, is currently unfounded.