Timothy Busfield will get a court hearing next Tuesday on whether he should be held in jail pending a trial on child sex abuse charges.
Busfield remains at the Metropolitan Detention Center in Albuquerque after turning himself in on Tuesday. At a press conference on Thursday, D.A. Sam Bregman said is routine for his office to seek pre-trial detention in child sex abuse cases.
Busfield, 68, faces three charges — two counts of criminal sexual contact with a child and one count of child abuse. The first two charges carry a maximum sentence of six years each, while the third carries a maximum of three years.
Busfield is accused of groping a 7-year-old boy who was an actor on “The Cleaning Lady” in 2022. The boy told investigators last fall that Busfield — who was hired to direct six episodes of the Fox show — had touched his “private areas” on set.
Busfield, a star of “Thirtysomething” and “The West Wing,” has adamantly maintained his innocence. His attorney, Stanton “Larry” Stein, said Wednesday that Busfield had voluntarily submitted to a polygraph examination and had passed.
At the press conference, Bregman declined to discuss the facts of the case, saying it would be improper.
“My first obligation and the obligation of my office is to ensure the integrity of this process,” he said. “The rules of professional conduct are clear. Prosecutors should try cases in the courtroom and not in the media and that is what we intend to do.”
He also asked anyone with information to come forward to law enforcement.
New Mexico voters reformed the bail process in 2016, eliminating cash bail while allowing judges to hold defendants in custody if they pose a risk to the community.
In a motion on Wednesday, prosecutors argued that Busfield does pose a risk to children if released.
“His conduct reflects a calculated pattern of grooming, lack of boundaries, and exploitation of professional authority to gain access to minors,” wrote Savannah Brandenburg-Koch, a deputy district attorney.
The prosecutor also faulted Busfield for delaying before turning himself in, and for flying to New Mexico instead of turning himself in to authorities near his home in New York so he could be extradited.
The court’s pre-trial services division recommended that he be released on his own recognizance.
Judge David Murphy will hold a hearing on the state’s request on Tuesday afternoon. Busfield will subsequently be formally charged and arraigned.
Bregman estimated that the case would take 12-18 months to resolve.
Bregman is a candidate for the Democratic nomination for New Mexico governor. He is also the father of baseball star Alex Bregman.