Emmy Award-winning actor Timothy Busfield's attorneys told a court Friday he should be released while he awaits the outcome of child sex abuse charges against him because an independent investigation undermined the state's allegations, the parents of his accusers have a history of fraud and dishonesty, and he passed a polygraph test.
Busfield was ordered held without bond at his first court appearance Wednesday, a day after he turned himself in to face charges stemming from allegations that he inappropriately touched a minor on the set of a TV series he was directing in New Mexico.
A judge will hold a detention hearing on Tuesday to determine whether Busfield will remain in jail.
Albuquerque police issued a warrant for his arrest last week on two counts of criminal sexual contact of a minor and one count of child abuse. A criminal complaint alleges the acts occurred on the set of the series “The Cleaning Lady,” which was filmed in the city.
In a video shared before turning himself in, Busfield called the allegations lies. Busfield, who is married to actor Melissa Gilbert, is known for appearances in “The West Wing,” “Field of Dreams” and “Thirtysomething.”
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According to the criminal complaint, an investigator with the police department says the child reported Busfield touched him on private areas over his clothing on one occasion when he was 7 years old and another time when he was 8.
The boy’s twin brother told authorities he was also touched by Busfield, but did not specify where. He said he didn’t say anything because he didn’t want to get in trouble.
Busfield's attorneys said in court filings that the allegations against him emerged only after the boys lost their role in the TV show, creating a financial and retaliatory motive. The filings detailed what the attorneys said was a history of fraud by both the father and mother.
They cited an investigation by Warner Bros. into the allegations, which they said prosecutors didn't include in their criminal complaint, found the allegations unfounded. Independent witnesses supported the report's conclusions, the court filings said.
Busfield also submitted letters vouching for his character. His passing of the polygraph test aligns with the other information submitted, his attorneys said.
Legal experts say New Mexico is among a few states that allow polygraph evidence in criminal cases, but a judge has final say over whether one can be used. There are strict requirements for admission.
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