New Mexico Judge Quashes Timothy Busfield Indictment

District Court Judge Joseph Montaño granted the motion to quash on October 16 after determining that the prosecuting attorney failed to maintain a fair and impartial process. The court found that prosecutors misled jurors regarding the admissibility of polygraph evidence and actively discouraged the inclusion of additional witnesses. Eight individuals had testified that they were willing to appear before the grand jury, yet prosecutors imposed arbitrary requirements for subpoenas that were not supported by state law.

Defense attorneys had long argued that the state created procedural obstacles to prevent favorable testimony from reaching the jury. This dismissal follows earlier concerns regarding the strength of the evidence; notably, an independent investigation commissioned by Warner Bros. previously failed to corroborate the allegations of inappropriate conduct. Although the indictment is now removed, the Bernalillo County District Attorney’s Office is currently evaluating its options for potential refiling. Busfield, who has consistently denied the charges, continues to maintain that the accusations are retaliatory, stemming from a professional dispute.