Timothy Busfield’s Indictment Thrown Out Over Prosecutor Misconduct, Cross-Examination Begins in the Brand Trial, Mistrial for Paitin Fields

0:03 Calaroga Shark Media. Good morning. This is Daily Crime and Justice from Calaroga Media, powered by AI. I'm Garrett Fisher. It's Monday, October 19th, 2026. On Friday, a judge in New Mexico threw out the indictment against Timothy Busfield, the Emmy-winning actor from The West Wing and Field of Dreams. who was accused of sexually abusing a child actor on the set of a TV show he was directing. The judge didn't rule on whether Busfield did it. He ruled on how the prosecutor got the indictment. The grand jurors asked to hear from witnesses who, Busfield's lawyers say, were standing by and willing to testify. And the prosecutor, the judge found, effectively kept them out. So today's question, what is a grand jury and who actually decides what it gets to hear? Let's get into it. First, some background and some care, because this case involves allegations about children.

1:08 Timothy Busfield is 69. He's been acting and directing for more than 40 years, and he's married to the actress Melissa Gilbert. Between 2022 and 2024, he directed episodes of the Fox series The Cleaning Lady, which was filmed in Albuquerque. In January of this year, Albuquerque police issued a warrant accusing him of inappropriately touching two young boys, twin brothers who appeared on the show on more than one occasion. The boys have not been identified, and on this show, they never will be. I'm not going to describe the allegations beyond what the charges say. Busfield turned himself in, called the allegations lies, and has denied them ever since.

1:51 A judge released him from custody later that month, finding that prosecutors had not shown the public would be unsafe if he were free. In February, a grand jury indicted him on four counts of criminal sexual contact with a minor. Notably, according to his lawyers, that same grand jury declined to approve other charges the prosecution asked for. He pleaded not guilty. Now, let's talk about what a grand jury is because it's not what most people picture. A trial jury decides whether someone is guilty. A grand jury decides something much smaller, whether there's enough evidence, probable cause, to charge someone with a crime and send the case to trial. It meets in secret. There's usually no judge in the room. There's no defense lawyer arguing the other side. The prosecutor runs the show, chooses the witnesses, presents the evidence, and explains the law to the jurors. That's why lawyers love the old line that a grand jury would indict a ham sandwich.

2:52 Busfield's own attorney, Larry Stein, used it about this case in February. But because the prosecutor has so much control, the law asks something important in return, that the prosecutor act as a fair and neutral guide to the grand jury, not as an advocate trying to win. And under New Mexico law, the person being investigated has some rights too, including the right to alert the grand jury to evidence that could clear them. That's what this case turned on. According to Judge Joseph Montano's ruling, once the grand jurors were alerted to defense witnesses, they asked to hear from them. Busfield's lawyers say the jurors asked three times and that those witnesses were present, available, and willing to testify. The judge found the prosecutor responded with what he called an unexplained procedure and an incomplete explanation of the subpoena rules, and the effect was that the witnesses the jurors asked for never came in. In the words of the ruling, the prosecuting attorney, quote, failed to act in a fair and impartial manner. So the judge quashed the indictment. That means the charges are dismissed. It does not mean Busfield has been cleared. The judge noted that prosecutors can start a new case against him, either with a new grand jury or another route. As of this recording, we haven't seen a public statement from District Attorney Sam Bregman's office on whether they will. Now, both sides, as fully as I can give them, Busfield's defense says this case should never have been brought. They point out that, according to

4:22 court records, the boys initially told police in interviews that Busfield had not touched them inappropriately. They argue the boys' parents pushed the accusations after the twins lost their roles on the show. And they say an independent investigation commissioned by Warner Brothers, which produced the series, could not corroborate the allegations. The prosecution has a very different view of the evidence. Earlier this year, Assistant District Attorney Savannah Brandenburg-Coke called the evidence against Busfield strong and specific and said it was supported by medical findings and by the boys' therapist. And in response to the motion to throw out the indictment, prosecutors told the court that Busfield had enough time to testify before the grand jury himself, and that they did not withhold vital information. And children often don't disclose abuse the first time they're asked. That's well documented, and prosecutors would say it's why an initial denial doesn't end a case.

5:18 Here's where I land. I don't know what happened on that set, and neither does anyone who wasn't there. But I do know what the job of a prosecutor in a grand jury room is, and so does this judge. When the citizens on a grand jury ask to hear more and the prosecutor finds a way to keep it from them, the process is broken, no matter how strong the prosecutor believes the case is. If the evidence against Timothy Busfield is as strong as the state says, it should be able to survive a grand jury that hears everything. And if it isn't, that's exactly what a grand jury is for. There are two children at the center of this case, and they deserve a fair process, too. One that produces a result everyone can trust. A dismissal over a prosecutor's mistakes doesn't give them that. Neither does an indictment that can't hold up. Whatever happens next, I hope it's done right. When we come back, the first week of evidence in the Russell Brand trial. Russell Brand, who is 51, is on trial at Southwark Crown Court in London on seven charges. Three counts of rape, three counts of sexual assault, and one count of indecent assault involving six women between 1999 and 2009. He has pleaded not guilty to all of them. He denies all of the allegations.

6:48 On Friday, I told you about the prosecution's opening and the first witness. Since then, the jury has heard directly from two of the six women, and Brand's defense has had its first chance to challenge them. Brand's lead barrister is Ian Winter, a King's counsel. Both women testified from behind a screen, which is standard in English sexual offense cases to protect their anonymity. The first complainant's video-recorded police interview was played for the jury on Thursday. Reuters reports she was then cross-examined for nearly two hours. According to reporting from the courtroom, Winter put it to her that she was not telling the truth, and that if she had felt in danger, she would have left. He suggested she had fallen under Brand's spell. She became tearful, and she rejected that, saying she did not fall under his spell and did not find him attractive. On Friday, the second complainant testified in person. Under cross-examination, Winter suggested to her that what happened was brief, that Brand accepted she wasn't interested, and that her view of the incident had changed after the 2023 documentary. She told the court the documentary and the press coverage did not change her view.

7:58 The jury has also heard from a second former flatmate of Brand's, a musician who performed with him around the time of the first allegation. Questioned by the prosecution about how Brand behaved toward women at the time, you can already see the shape of the defense. It doesn't dispute that Brand met these women. It challenges what they say happened, whether they consented, and whether their memories, more than 20 years later, were influenced by the documentary that started this case. The judge has already told jurors that the documentary is untested and won't be shown to them. I'll keep my word. No opinions on the evidence until there's a verdict. Four more women are expected to give evidence, and the trial is expected to run around six weeks. Russell Brand denies all charges. The trial resumes this morning in London. Our lead today was about what a grand jury wasn't allowed to hear. This one is about what a trial jury heard that it never should have. Earlier this month, we told you about the trial of David Previtt in Pender County, North Carolina. He's charged with the murder of his five-year-old niece, Peyton Fields, in 2017, and with sexually assaulting her. He has pleaded not guilty. His defense called the investigation a witch hunt. Before closing arguments, the judge dismissed one of the sex offense charges. The jury got the case last Tuesday.

9:23 On Wednesday, it asked to review DNA results, photographs, and evidence about internet searches. Then on Thursday, the third day of deliberations, the trial came apart. According to WECT in Wilmington, reports surfaced that jurors had been discussing information about Pravat that was never presented in court, including claims about his criminal history and his background. One juror had made comments about him to the rest of the panel and was removed. As the judge looked into it, he found that three jurors had disobeyed his instructions in the deliberation room. He said the problem had opened Pandora. box. Facing a jury he could no longer trust, he declared a mistrial. Here's why that matters so much. Jurors swear to decide a case only on the evidence presented in court. That's not a technicality. It's what makes a verdict legitimate. If outside information gets into the Any verdict that comes out is tainted.

10:22 So the judge had no real choice. A mistrial wipes the slate clean. Privat is neither convicted nor acquitted, and the charges stand. District Attorney Jason Smith has confirmed his office will try the case again. The defense says it's preparing too. And think about what that means for this family. Nearly nine years after Peyton died, they sat through weeks of testimony about the worst night of their lives. Her sister, who was 7 then and is 16 now, testified about what she saw. And now they'll have to do all of it again. Peyton Fields was 5 years old. Someone has to say her name. Also this week, two quick updates on cases we've been following. First, Sean Combs. The Bureau of Prisons confirmed on Friday that he has been transferred from the federal prison at Fort Dix, New Jersey to FCI Allenwood Low in Pennsylvania. Both are low-security prisons, so this isn't a move to tighter security. The transfer comes about two weeks after NBC News reported that Combs had access to cell phones, liquor, and other contraband at Fort Dix, and about a week after he was taken to a hospital overnight with a head injury. A person familiar with the matter told the Associated Press he was hurt in a fight. That hasn't been confirmed by the Bureau of Prisons. The Hollywood Reporter says officials at Fort Dix sanctioned him for disruptive conduct and took away 41 days of good conduct credit. His release date is now March 2, 2028. His spokesman said the transfer is consistent with the decision made with safety and security in mind.

11:54 Combs is serving 50 months after being convicted on two prostitution-related charges and acquitted of sex trafficking and racketeering. His appeal is pending. Second, a case we followed from the beginning. On Friday in Lexington, Kentucky, former University of Kentucky student-athlete Laken Snelling, now 22, was sentenced to 10 years in prison. In August of 2025, she gave birth alone in her off-campus apartment and hid the baby's death. In August of this year, she pleaded guilty to first-degree manslaughter and three other charges and told the court that instead of helping her son, she ended his life. Judge Diane Minifield accepted the plea agreement and said Snelling is not eligible for probation because this is a crime of violence. According to the prosecutor, she'll be eligible for parole after serving 85% of her sentence. The baby's father, Isaiah Hall, spoke publicly in court for the first time, and his family told the court that the baby mattered, that, in their words, he was not garbage. His name was McCoy Cade Hall.

12:56 Someone has to say his name. That's the show for this Monday. Here's my question for the Spotify crowd. Should prosecutors be required to present evidence that could clear a suspect to a grand jury every time? Or should that wait for trial? If you're listening on Spotify, drop a comment. If someone you know follows these cases, send them this episode. That's how this show grows. And on Apple Podcasts, tap listen uninterrupted at the top of your screen. $ 5 a month, no ads. This show and thousands of other Calaroga Media shows with your first 30 days free. To everyone already subscribed, thank you. Coming up this week, the Russell Brand trial continues every day in London. We'll watch for whether New Mexico prosecutors try again with Timothy Busfield. And we're keeping an eye on Tennessee and Krista Pike. I'm Garrett Fisher.

13:58 Do better. This episode of Daily Crime and Justice is produced with the assistance of artificial intelligence and is intended for news and commentary purposes only. It is not legal advice. Everyone charged with a crime is presumed innocent unless and until proven guilty in a court of law. Timothy Busfield has denied all allegations and the indictment against him has been dismissed. Prosecutors may bring new charges. Russell Brand has pleaded not guilty to all charges and denies all of the allegations against him. David Prevatte has pleaded not guilty and has not been convicted. On Timothy Busfield... Details of the judge's ruling are as reported by Court TV, The Wrap, The Associated Press, and The Albuquerque Journal. The state's response is as reported by KOB. Descriptions of the evidence come from court filings and statements by attorneys on both sides and have not been tested at trial. The children involved are minors and are not identified. Our summary of grand jury procedure and New Mexico law is general and not legal advice. On Russell Brand. Courtroom proceedings are as reported by Reuters, Sky News, Variety, and other outlets present in court.

15:15 Under the Sexual Offenses Amendment Act 1992, complainants in sexual offense cases in the United Kingdom are entitled to lifelong anonymity. We have omitted details that could identify them. On David Pravata, details of the mistrial are as reported by WECT, WWWAY, and Court TV. Peyton's sister is a minor and is not named. On Sean Combs, the transfer was confirmed by the Federal Bureau of Prisons. The cause of his head injury has not been officially confirmed. On Lake and Snelling, details are as reported by Lex 18, Fox 56, Court TV, and the Lexington Herald-Leader. If you suspect a child is being abused, you can call the Child Help National Child Abuse Hotline at 800-422-7000. If you or someone you know has been affected by sexual violence, you can call RAINN at 800-656-4673. In England and Wales, you can reach Rape Crisis at 0808-500-2222. And if you are pregnant and need help or are struggling after giving birth, you can call or text the National Maternal Mental Health Hotline at 833-852-6262.

16:36 Thank you.