Judge Montano threw out Timothy Busfield's child sex abuse indictment on Friday. Montano said prosecutors “failed to act in a fair and impartial manner.” They did not properly tell the grand jury about calling witnesses.

They also used a process that held back requested witnesses. The judge cited this conduct as the reason for the dismissal.

But prosecutors can file the charges again. Busfield's lawyers asked for dismissal in June.

The lawyers said prosecutors handled the grand jury process badly. Prosecutors said they were reviewing their options.