Timothy Busfield's Child Sexual Abuse Case Dismissed: Judge Rips Prosecutors for 'Failing to Act in a Fair and Impartial Manner'
Timothy Busfield was accused of criminal sexual misconduct with a child.
Oct. 16 2026, Published 5:41 p.m. ET
Timothy Busfield's child sexual abuse case was dismissed on Friday, October 16, RadarOnline.com can reveal.
The actor and director had previously been charged with criminal sexual misconduct with a minor child over alleged incidents with twin boys who had been actors on the set of Fox's The Cleaning Lady. He has denied all allegations.
Judge Dismissed the Case Over Concerns of Fairness
Timothy Busfield's case was dismissed on October 16.
Judge Joseph Montano, who had been presiding over the case, dismissed it over concerns regarding behavior from the prosecuting attorney throughout the court proceedings.
"The prosecuting attorney failed to act in a fair and impartial manner, including the failure to properly instruct the grand jury on the law for calling witnesses and in instructing the grand jurors on a procedure that effectively withheld requested witnesses," he said.
"In doing so, the grand jury proceedings were conducted in a manner that violated grand jury statutes designed to protect the structural integrity of our grand jury system and the presumption of prejudice applies," Montano concluded.
The Judge's Decision Explained
Timothy Busfield has denied all allegations against him.
The judge also clarified that the "grand jurors requested to hear from witnesses not presented by the State, and the prosecutor used an unexplained procedure and an incomplete explanation of the subpoena requirement to unilaterally withhold evidence from the grand jury."
"These actions are not in line with either the letter or the spirit of the grand jury laws," Montano added. "To the extent delays may result when the prosecutor disputes evidence requested by grand jurors-after they have been alerted to the evidence without objection-the Court finds the reliability of the grand jury system and the intent that grand jurors be given access to more evidence-as long as it complies with the evidentiary standard outweighs the potential delay in proceedings."
DA Considering Their Next Move
It is unclear if the DA will pursue another case against Timothy Busfield.
Despite the decision, the district attorney is allowed to “institute new criminal proceedings” against Busfield.
The DA's office later confirmed to Deadline that they were considering their next move.
"Our office has received the order and is evaluating our options to determine how we will proceed," the brief statement read.
Timothy Busfield's Wife Defended Him Amid Allegations
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Melissa Gilbert claimed her husband was 'canceled' even if he was 'exonerated.'
Busfield's wife, Melissa Gilbert, has stood by his side throughout the court proceedings.
During an April appearance on Good Morning America, she expressed her grief over the accusations as she fiercely defended the filmmaker, who she has been married to since 2013.
"Our life as we knew it is done. We are grieving what we had. All of our plans, all of our dreams, all of our ideas, all of our projects," she said at the time," she said. "For Tim, it's done. He's canceled ... even if he's exonerated, he will always be that guy."
She also claimed that her husband was "the last person in the world who would hurt a child," and if she believed for a "second" he had done anything like that, he would "have a lot more to worry about than prison."
