Timothy Busfield’s next court move in child sex abuse case hinges on flight risk, legal expert says

Timothy Busfield surrendered Tuesday to New Mexico authorities on child sex abuse charges, days after an arrest warrant was issued for "The West Wing" actor.

Busfield, 68, was held without bail and is expected to appear in front of a judge on two counts of criminal sexual contact of a minor and one count of child abuse.

The "Thirtysomething" star denied the claims upon surrendering and is "determined to clear his name," according to a statement from his lawyer provided to Fox News Digital.

New Mexico criminal defense attorney and former state deputy district attorney, John W. Day, admitted Busfield's defense will likely urge a judge to release the actor from custody.

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"His defense team will argue that Timothy Busfield ought to be released … He's not gonna go anywhere," Day told Fox News Digital. "Prosecution may agree to that or they may say, 'No, we think he's a flight risk.'"

The criminal defense attorney noted that prosecutors may argue that Busfield took "several days" to turn himself in, while the defense could say that the "Field of Dreams" star was driving from New York to face the charges.

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"It's going to come down to what a judge thinks is appropriate in terms of this case," Day said. "You know information about Busfield being able to leave the country, he might have to surrender a passport, he might be put on an ankle bracelet, he may just be released on his own recognizance with a promise to appear.

"A lot of things that can happen, we don't know how that's going to play out yet."

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Larry Stern, Busfield's lawyer, said in a statement released Jan. 13, "This morning, Tim voluntarily appeared before New Mexico authorities after traveling across the country to confront these false and deeply troubling allegations. He is innocent and is determined to clear his name."

He added, "As reflected in the criminal complaint, after her son was terminated from the show, the boy’s mother vowed to ‘get her revenge against Timothy Busfield.’ What followed appears to be a calculated effort to construct a case, driven by animus not fact, despite prior investigations finding no evidence of wrongdoing."

The Bernalillo County Metropolitan Detention Center released Busfield's mugshot Tuesday afternoon. 

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On Jan. 9, an arrest warrant was issued for the director and Emmy Award-winning actor, and obtained by Fox News Digital.

An investigator with the Albuquerque Police Department filed a criminal complaint in support of the charge, which says a child reported that Busfield touched him inappropriately.

The acts — which allegedly happened when the child was 7 years old — occurred on the set of "The Cleaning Lady," a TV series Busfield directed and acted in. Busfield allegedly touched the child three or four times, and again, another five or six times when the child was 8.

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The police investigation into the allegations against Busfield began on Nov. 1, 2024, after a doctor at the University of New Mexico Hospital alerted officers about a case of alleged sexual abuse.

An independent outside investigation conducted by Warner Bros to examine the allegations of on-set misconduct determined "no corroborating evidence" of inappropriate conduct.

"I conducted an independent and thorough investigation of all allegations known to the Studio at the time," Christina McGovern said. "Warner Bros. gave me full discretion as to my investigation. Based on what was alleged, and all evidence gathered, including multiple witness statements, I found no corroborating evidence that Mr. Busfield engaged in inappropriate conduct or that he was ever alone with the twins on set."

Warner Bros. Television said in a statement to Fox News Digital, "The health and safety of our cast and crew is always our top priority, especially the safety of minors on our productions. We take all allegations of misconduct very seriously and have systems in place to promptly and thoroughly investigate, and when needed, take appropriate action. We are aware of the current charges against Mr. Busfield and have been and will continue to cooperate with law enforcement."

Busfield's wife, "Little House on the Prairie" actress Melissa Gilbert, reportedly deleted her Instagram account after the arrest warrant was issued. 

Gilbert's representative told Fox News Digital that the actress will continue to support her husband and will address the public at the appropriate time. 

"Melissa Gilbert is not making public statements at this time. Any purported ‘statements’ circulating online — including AI-generated deepfakes of her ‘breaking her silence’ — should not be treated as coming from her," her representative said. "She is honoring the request of Tim’s lawyers not to speak publicly while the legal process unfolds. During this period, her focus is on supporting and caring for their very large family, as they navigate this moment. Melissa stands with and supports her husband and will address the public at an appropriate time. We ask that their privacy be respected."