BEYOND ALL BELIEF! Timothy Busfield launches a desperate STRATEGIC LEGAL MANEUVER to dismiss grand jury charges in his ongoing child abuse case—but what devastating truth is he trying to bury?

Timothy Busfield is seeking to have the grand jury indictment against him dismissed as he continues to fight child 𝒔𝒆𝒙 𝓪𝓫𝓾𝓼𝓮 charges in New Mexico.

The West Wing alum, 69, recently filed a motion to quash the grand jury indictment, according to court records obtained by PEOPLE.

In a statement to PEOPLE, his civil attorney, Stanton “Larry” Stein, addressed the filing.

“Timothy Busfield is innocent,” Stein said in the statement. “This motion describes egregious prosecutorial misconduct during grand jury proceedings, thereby preventing the jurors from hearing testimony, witnesses and evidence even after repeated requests by the grand jury itself.”

Busfield’s attorney’s statement went on to allege “The government repressed and suppressed exculpatory evidence, misstated the law and failed in the most basic due process afforded any person under either Constitutional or State laws designed to protect actual innocence from 𝓪𝓫𝓾𝓼𝓮 of government power.”

The new filing comes months after a Bernalillo County grand jury indicted Busfield on four counts of criminal sexual contact of a minor (child under 13), District Attorney Sam Bregman announced on Feb. 6.

The four third-degree felony charges stem from alleged incidents in October 2022 and September 2023, according to court documents.

Timothy Busfield mugshot.

Bernalillo County Metropolitan Detention Center

Busfield pleaded not guilty to all four counts on Feb. 10, according to a plea entry filed in New Mexico’s Second Judicial District Court.

Following the indictment, Stein told PEOPLE that the development was “not unexpected.”

“What is deeply concerning is that the District Attorney is choosing to proceed on a case that is fundamentally unsound and cannot be proven at trial,” Stein said at the time. “The detention hearing 𝓮𝔁𝓹𝓸𝓼𝓮𝓭 fatal weaknesses in the State’s evidence — gaps that no amount of charging decisions can cure. This prosecution appears driven by something other than the facts or the law.”

“Mr. Busfield will fight these charges at every stage and looks forward to testing the State’s case in open court — where evidence matters — not behind closed doors,” he added.

The indictment followed Busfield’s Jan. 13 arrest on charges of two counts of criminal sexual contact of a minor and one count of child 𝓪𝓫𝓾𝓼𝓮. The allegations were first outlined in a Jan. 9 warrant issued by the Albuquerque Police Department, which alleged that Busfield engaged in unlawful sexual conduct with twin 11-year-old boys whose identities have not been publicly disclosed.

Busfield was released from custody one week later following a pretrial detention hearing in Bernalillo County, New Mexico.

After his release, Busfield was ordered to appear for all future court dates and comply with several conditions, including having no contact with the alleged victims or their families and no unsupervised contact with minor children, according to court proceedings previously reported by PEOPLE.

His trial is currently scheduled to begin in May 2027, though the date remains subject to change, his criminal defense attorney Amber Fayerberg previously confirmed to PEOPLE. Court dockets indicate the proceedings are expected to last approximately three weeks.

Timothy Busfield arrives for a hearing in the Second District Judicial Court at the Bernalillo County Courthouse.

Sam Wasson/Getty

In the months since his arrest, Busfield’s wife, Melissa Gilbert, whom he married in April 2013, has publicly defended him. During an April interview with Good Morning America, Gilbert, 62, addressed two previous allegations of sexual assault referenced in the arrest warrant connected to the current case.

“When Tim and I got together, the internet existed. I didn’t go into my relationship blind. I’m neither naive nor am I complicit,” Gilbert said. “I talked to him about it. I asked him questions about it. I heard his side of the story — which nobody has ever heard — which is the truth. And when the time is right, and that is not now, Tim will tell the truth of all of these past allegations when he needs to.”

During the interview, Gilbert described the aftermath of her husband’s arrest as “hell,” adding, “This has been the most traumatizing experience of our lives.”

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