reliminary hearing on evidence.

Busfield's attorneys noted that the children told police during initial interviews that Busfield didn't touch them inappropriately and accused the boys' parents of coaching their children to give incriminating statements after the boys lost lucrative roles on the show.

In June, Busfield's attorneys officially asked the court to throw out the indictment, alleging in a motion that prosecutors were  willfully blind to the lack of evidence  and  invented procedural hurdles  to keep grand jurors from hearing witness testimony.

During a September hearing, Fayerberg played audio recordings of grand jurors asking to hear from additional witnesses. She said prosecutors wrongly informed jurors that subpoenas would be needed, even though those witnesses were  present, available and willing to testify. 

 The state engaged in egregious prosecutorial misconduct,  Fayerberg said.

Bernalillo County District Attorney Greer Staley countered that the defense hadn't followed the correct process for submitting evidence to a grand jury and that Busfield himself improperly and  excessively  tried to steer grand jurors toward favorable witnesses and exhibits during his three-hour testimony.

According to the transcripts of the proceedings submitted by Busfield's attorneys, the actor also known for appearances in  Thirtysomething  told jurors that the case had turned his life upside down and affected his entire family. He testified that he had been  canceled,  meaning he lost work and was fired by his agency.

Busfield also testified that he had nothing to hide and when asked about the allegations that he had caressed the children, he answered:  I'm saying that is absolutely one gazillion percent untrue. Never ever. 

Prosecutors had said each count in the indictment carried a possible penalty of six years in prison that could be enhanced.

 We know this may not be the end,  Fayerberg said.  If the State chooses to try again, Tim is ready, and so are those witnesses.