Melissa Gilbert struggled to hold back tears in a New Mexico courtroom as the judge delivered a statement that took many by surprise.
The emotional moment unfolded as Judge David Murphy announced that actor and director Timothy Busfield, 68, would be freed on his own recognizance, under strict conditions.
“You’re authorized for release on your own recognizance with the conditions that you appear at all future court settings,” Murphy said, according to Fox News.
“You have not violated any laws.”
Busfield, 68, will be supervised by pretrial services in Albuquerque and must comply with a series of restrictions.
The judge ordered that he not possess firearms or dangerous weapons, abstain from alcohol and illegal drugs, avoid contact with the alleged victims and their families, and have no interaction with children under the age of 18.
The West Wing actor was also instructed not to discuss the case with witnesses and to keep the court informed of his address. A trial date has not yet been set.
As the ruling was read aloud, Gilbert — Busfield’s wife of more than a decade — became visibly emotional in the courtroom.
Prosecutors raise concerns
Busfield’s release ahead of trial was far from guaranteed.
New Mexico prosecutors argued against it, claiming the actor and director has a history of inappropriate behavior and questioning his willingness to comply with court orders.
For example, they cited an allegation from actress Claudia Christian, who claimed Busfield “forcibly grabbed her and threw her against the wall” while the two were working together on The Strays. Christian reportedly told an assistant director about the incident at the time.
The state also pointed to Busfield’s actions following the issuance of an arrest warrant, arguing that he delayed surrendering to authorities.
“The state is concerned about again the defendant is using his control in deciding when he wants to comply with an order,” prosecutors told the court. “That order did not say, ‘Sure, turn yourself in in 5 days.’ That order was for him to be arrested and come deal with these charges. Instead, he drove 2,000 miles … he got a polygraph.”
“I’m not saying defendants don’t have a right to defend their case,” the prosecutor added, “but that shows this court that the defendant is only going to comply when he wants to, when he’s ready to.”
Despite those concerns, the judge ruled that Busfield could be released under supervision.
Psychosexual evaluation and Gilbert’s Role
Days before being remanded into custody, Busfield underwent a psychosexual evaluation at the request of his legal team. According to court documents obtained by Fox News, filed on January 17, the evaluation assessed his risk of committing sexual offenses compared to others convicted of similar crimes.
The evaluation included deeply personal questions — including details about Busfield’s sex life with Gilbert — and involved corroboration from his wife.
“Mr. Busfield reports he and his current wife have a satisfying sex life and at their ages they simply enjoy one another’s company and cuddling more often than engaging in sexual intercourse,” the report stated. “Mr. Busfield’s wife confirms his statements about a satisfying sexual relationship between them.”
The report also noted Busfield’s views on maturity and intimacy.
“Mr. Busfield reports that as he reflects, he believes and values that an individual needs to have a certain level of maturity to understand and embrace the intimate nature of a sexual relationship,” the evaluation continued. “Additionally, he also believes sex is a natural experience for all humans and that at a certain age you begin to start experiencing feelings in your body (puberty).”
Busfield reportedly told evaluators that meeting Gilbert changed his life.
“He has come to realize that he never had the mate he wanted until he met his wife, Melissa.”
Following the assessment, Busfield was categorized as “very low risk,” with evaluators citing his willingness to answer difficult questions, steady employment, strong family support, and engagement in prosocial activities.
Legal expert weighs in
According to legan expert Donna Rotunno, the evaluation was likely intended to influence the judge’s decision.
“When you submit to those evaluations, you have to answer truthfully,” Rotunno told Fox News. “He is hoping that the evaluation will help the judge decide he is not a threat to society.”
She added that involving Gilbert in the process was standard.
“As uncomfortable as the subject matter is, it is common that they would interview the wife under the circumstances for corroboration, and to see how forthcoming and truthful he is being.”
Gilbert’s emotional letter
Among more than 75 letters submitted to the court were several written by Gilbert herself, passionately defending her husband’s character.
“The reality is that Tim Busfield is my love, my rock, my partner in business and life,” she wrote. “He is my comfort and my council. His joy, humor and quick wit bring sparkle to my life. Tim is, quite simply, the beating heart of our wild and wonderful extended family.”
Gilbert told the court she knows Busfield “better and more intimately than anyone else in his life,” describing him as a man guided by compassion and principle.
“Tim has the strongest moral compass of any human I have ever known,” she wrote. “He has dedicated his spiritual self to always being of service to others. He starts every day with kindness and compassion.”
In one of the most emotional passages, Gilbert pleaded directly with the judge.
“This is the strangest letter I’ve ever had to write,” she said. “So, I will close by asking you to please, please, take care of my sweet husband. As he is my protector, I am his, but I cannot protect him now and I think that, more than anything else, is what is truly breaking my heart.”
Others who spoke up for Busfield through written letters included his stepson, Michael, as well as his former Thirtysomething co-stars Ken Olin and Peter Horton.
What comes next
The charges against Busfield are tied to allegations that he inappropriately touched two 11-year-old twins while working on the set of The Cleaning Lady, according to a criminal complaint obtained by ABC News.
One child claimed the alleged incident occurred in a bedroom on set. Medical professionals later told the parents the children showed signs of being “groomed.”
Court records state that the child’s parents reported the alleged abuse began in 2022, when the child was 7 years old, and continued until 2024.
Busfield was then arrested on January 13 after a warrant was issued days earlier.
”I got the call Friday night, I had to get a lawyer. Saturday I got in the car, drove 2,000 miles to Albuquerque. I’m gonna confront these lies. They’re horrible,” he said. ”They’re all lies and I did not do anything to those little boys and I’m gonna fight it. I’m gonna fight it with a great team, and I’m gonna be exonerated, I know I am, because this is all so wrong and all lies.”
He is currently charged with two counts of criminal sexual contact of a minor under 13 and one count of child abuse. If convicted, he could face up to 15 years in prison.
Busfield has denied all allegations.
