Actor Timothy Busfield to be released from jail in sex abuse case

Actor and director Timothy Busfield will be released from a New Mexico jail while awaiting trial in a sex abuse case, a judge has ruled.

The Emmy-winning actor, who surrendered to local authorities last week, is accused of sexually abusing two boys on the set of a TV series he directed and produced. Busfield, 68, has denied the allegations.

Prosecutors had sought his detention, arguing there was a "pattern" of inappropriate behaviour that culminated on the set of The Cleaning Lady, a series filmed in New Mexico.

Busfield's wife, actress Melissa Gilbert, was present in court on Tuesday and broke into tears as the judge delivered the ruling.

Judge David A Murphy authorised Busfield's release on the actor's own recognisance and without bail, with the requirement to appear at all future court dates.

The West Wing actor's defence team submitted more than 70 letters from people vouching for his character and said that he underwent and passed a polygraph test pertaining to the allegations against him.

He also underwent a psychosexual risk assessment, which the prosecution took issue with and asked for limited weight to be given to the polygraph.

"It doesn't matter who he's attracted to. We know that all different types of sex offenders prey on different demographics of people," Deputy District Attorney Savannah Brandenburg-Koch said. "They don't have to be a paedophile for this to happen."

In the Albuquerque courtroom, Busfield's lawyer Amber Fayerberg argued against the idea that Busfield was "exploiting his power" because he no longer had any.

"He has no power. He is persona non grata, and that's not because he did anything wrong ... that's because of the world we live in," she said.

She noted that the actor had been "cancelled" by the state, dropped from his talent agency and had been edited out of a recent rom-com that was just about to be released.

The defence lawyer said there was overwhelming evidence that the allegations were "manufactured".

"There is a credible story here, and it's a very sad story, and there are victims, and they are still these two boys," she argued. "But they weren't victimised by Tim Busfield. They were victimised by their own parents."

The judge has not prohibited Busfield's travel as he was not a resident of New Mexico and would need to report to pre-trial services in the state.

Busfield, who also starred in Thirtysomething, was ordered to not discuss the case with any of the witnesses nor have contact with any minor children in the case.

In a warrant for Busfield's arrest, prosecutors had said the parents of boys alleged that he groomed and sexually abused the youngsters while working on set for The Cleaning Lady.

Authorities claimed the boys referred to Busfield as "Uncle Tim" and alleged that he "would tickle them on the stomach and legs". Both boys told authorities they were touched inappropriately for years, his arrest affidavit states.

One of the boys alleged that Busfield touched his private areas, according to court documents. The boy told authorities that the alleged inappropriate touching started when he was 7 years old and he was scared to speak out because he "feared" that Busfield would "get mad at him".

Busfield, who is also known for his roles in the baseball film Field of Dreams and the comedy thriller Revenge of the Nerds, voluntarily surrendered to New Mexico authorities last week after a warrant was issued for his arrest.

He was taken into custody in Albuquerque on two counts of criminal sexual contact of a minor and one count of child abuse that police allege happened on the set of Fox's crime drama The Cleaning Lady.

His other lawyer, Larry Stein, said the actor was being accused as an act of revenge after the children had been terminated from the series, which angered their mother.

A trial date has not yet been set.