Melissa Gilbert appeared visibly emotional in a New Mexico courtroom as a judge delivered a decision that many observers did not expect. The moment unfolded when Judge David Murphy announced that her husband, actor and director Timothy Busfield, would be released ahead of trial on his own recognizance, subject to strict court-ordered conditions.
According to remarks reported by Fox News, Judge Murphy told the court that Busfield was authorized for release as long as he complied with all future court appearances and specific restrictions. “You’re authorized for release on your own recognizance with the conditions that you appear at all future court settings,” the judge said, adding, “You have not violated any laws.”
Busfield, 68, will be supervised by pretrial services in Albuquerque and must adhere to a number of limitations while awaiting trial. The court ordered that he not possess firearms or other dangerous weapons, abstain from alcohol and illegal drugs, and avoid any contact with the alleged victims and their families. He was also instructed to have no interaction with minors under the age of 18, refrain from discussing the case with witnesses, and keep the court informed of any changes to his address. A trial date has not yet been scheduled.
As the ruling was read aloud, Gilbert—Busfield’s wife of more than a decade—was seen struggling to hold back tears. The emotional response underscored the uncertainty surrounding the proceedings, particularly given that prosecutors had urged the court to deny Busfield’s release.

Representatives for the state argued that Busfield should remain in custody, citing concerns about alleged past behavior and questioning whether he would fully comply with court orders. Prosecutors referenced a claim made by actress Claudia Christian, who alleged that Busfield forcibly grabbed her and threw her against a wall while the two were working together on The Strays. According to prosecutors, Christian reported the incident to an assistant director at the time.
The state also raised concerns about Busfield’s actions after an arrest warrant was issued, arguing that he delayed turning himself in. Prosecutors told the court that instead of immediately surrendering, Busfield traveled roughly 2,000 miles and underwent a polygraph examination before reporting to authorities. While acknowledging that defendants have the right to defend themselves, the prosecution argued that the sequence of events suggested Busfield complied with legal orders only on his own timeline.
Despite those objections, Judge Murphy ruled that supervised release was appropriate under the circumstances.
In the days leading up to his arrest, Busfield underwent a psychosexual evaluation at the request of his legal team. Court documents referenced by Fox News indicate the evaluation was completed on January 17 and was intended to assess his risk of committing sexual offenses in comparison to individuals convicted of similar crimes. The assessment included extensive personal questioning and incorporated information provided by Gilbert as corroboration.

According to the report, Busfield described his relationship with Gilbert as supportive and fulfilling. The evaluation stated that both Busfield and his wife characterized their relationship as satisfying, noting that at their stage in life they valued companionship and closeness as much as physical intimacy. Gilbert reportedly confirmed those statements during the evaluation process.
The report also detailed Busfield’s views on intimacy and maturity, noting that he expressed the belief that individuals need a certain level of emotional development to fully understand intimate relationships. Evaluators wrote that Busfield described sex as a natural human experience tied to maturity and personal growth. He reportedly told evaluators that meeting Gilbert marked a turning point in his life, saying he had not found the partner he truly wanted until he met her.
Based on the evaluation, Busfield was categorized as “very low risk,” with evaluators citing his willingness to answer difficult questions, consistent employment history, strong family support system, and involvement in what they described as prosocial activities.
Legal analyst Donna Rotunno told Fox News that such evaluations are often submitted to influence pretrial decisions. She explained that defendants must answer questions truthfully during these assessments and that the goal is typically to demonstrate to the court that the individual does not pose a threat to the community. Rotunno added that interviewing a spouse under these circumstances is standard practice, particularly to assess consistency and credibility.
In addition to the evaluation, the court received more than 75 letters written in support of Busfield. Several of those letters were authored by Gilbert herself, in which she described her husband as her partner in both life and work. She wrote that Busfield was her “love” and “rock,” praising his character, compassion, and sense of humor. Gilbert told the court that she knew him more intimately than anyone else and described him as a man guided by strong moral principles.
In one of the most emotional passages of her letter, Gilbert directly appealed to the judge, writing that she could not protect her husband during this process and that this helplessness was deeply painful for her. Others who submitted letters of support included Busfield’s stepson, Michael, as well as his former Thirtysomething co-stars Ken Olin and Peter Horton.
The charges Busfield faces stem from 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 of the children alleged the incident took place in a bedroom on set. Medical professionals later told the parents that the children showed signs consistent with grooming, according to court records.
The complaint states that the parents reported the alleged conduct began in 2022, when the child was 7 years old, and continued until 2024. Busfield was arrested on January 13 after a warrant was issued several days earlier.
Following his arrest, Busfield publicly denied the allegations, stating that he intended to fight the charges and clear his name. He said he drove to Albuquerque to confront what he described as false claims and expressed confidence that he would ultimately be exonerated.
Busfield is currently charged with two counts of criminal sexual contact of a minor under the age of 13 and one count of child abuse. If convicted on all counts, he could face up to 15 years in prison. He has denied all allegations, and the case remains pending as the court prepares for future proceedings.