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The prosecution urged the judge to keep Busfield in custody until trial, citing the seriousness of the allegations — particularly because they involve children — and arguing that releasing him could represent a danger to the community.
The judge explained that:
The state had not demonstrated by clear and convincing evidence that Busfield’s release could not be conditioned in a way that reasonably protects the public.
This ruling effectively allowed Busfield to leave jail while the case remained active.
III. Conditions of Release
The judge set specific conditions that Busfield must follow:
No possession of firearms or dangerous weapons.
No contact with the alleged victims or their families, and no discussions about the case with potential witnesses.
Busfield may travel, but must remain under the supervision of Pretrial Services in New Mexico and must notify the court of his address.
These conditions are typical safeguards in pretrial release cases involving serious charges — designed to balance the defendant’s rights with public safety.
Gilbert was seated in the courtroom alongside family members — including her mother Barbara Cowan, her son Michael Boxleitner, and Busfield’s brother, according to exclusive reporting by PEOPLE.
B. Visible Emotional Response
As the judge announced the decision granting Busfield’s conditional release, Gilbert became visibly emotional. She was seen crying and whispering, “Thank you, God.”
C. Interpretation of Her Response
Gilbert’s emotional breakdown was widely interpreted as relief that her husband would be released from custody, even as the legal proceedings continued.
Critics, however, saw it as complex and controversial, with some observers expressing discomfort over supporting someone accused of serious sexual misconduct. (Note: such reactions are part of public discourse but not verified as factual claims in official reporting.)
V. Gilbert’s Public Messages Since the Hearing
Following the release order, Gilbert issued her first public comments:
A. Instagram Statement
Via a post associated with her lifestyle brand Modern Prairie, Gilbert addressed the situation:
She described the period as “extraordinarily difficult,” both personally and for the “collective heaviness” felt by many, noting the need to “slow down” and “prioritize what truly matters.”
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