Actor Gary Busey pleaded not guilty to charges that he groped five women at the Monster-Mania Convention in Cherry Hill in August 2022, and he's hoping to avoid trial by entering a program that gives first-time offenders a path to have their cases dismissed.
Busey, 80, who lives in Malibu, California, appeared in court via video conference at an arraignment hearing Monday morning in Camden County. His attorney, Blair R. Swillman, told Superior Court Judge Gwendolyn Blue that Busey already has applied for New Jersey's Pretrial Intervention Program.
MORE: Lewis and Clark's 200-year-old botanical treasures are preserved in Philadelphia
Busey's charges stem from his meet-and-greet during the annual film convention at the DoubleTree Hotel on Route 70. One woman told police the "Lethal Weapon" star placed his head near her breasts and attempted to unlatch her bra strap while she was taking a photo with him. Another woman told authorities Busey grabbed her buttocks as the two posed for a photo. Busey was removed from the hotel after the women complained, police said at the time the charges were filed about a week after the convention.
A day after the first two allegations were reported, Cherry Hill police were contacted by the father of a third woman who told authorities Busey also grabbed his daughter's buttocks during a photo shoot. In charging documents, Cherry Hill police alleged Busey had asked detectives to apologize to the women on his behalf and convince them not to press charges.
The indictment also alleges Busey touched a fourth woman's buttocks and placed his hand on another woman's clothing over her genitals during the same convention.
Busey was charged with four counts of fourth-degree criminal sexual contact and one count of fourth-degree attempted criminal sexual contact.
"That's what the allegations are. He denies everything," Swillman said during a phone call Monday afternoon.
Before heading to a potential trial, Swillman said Busey is trying to enter PTI because his charges fall within the criteria for the state's diversionary program.
Certain offenses, like murder and other violent assaults, are excluded from PTI. Sexual assaults generally are excluded if they involve penetration or crimes against minors, Swillman said, but Busey's offenses do not rise to that level.
Defendants are allowed to apply for PTI if they have no prior convictions in New Jersey – or in any other state – and if they have never been through PTI or another diversionary program for past charges. PTI is usually limited to New Jersey defendants who are charged with non-violent third- and fourth-degree offenses, although others with higher-level crimes may be given the chance to apply for the program if they receive consent from the charging prosecutor's office.
To be admitted into PTI, a judge must approve a defendant's application and decide on the requirements needed to complete the program. The prosecutor's office also must accept the defendant's application for PTI based on the court's recommendation. Community service, counseling and classes are often required by the court, and other terms may be decided based on the nature of the charges.
"It's sort of a probationary program, depending on what you're charged with," David Gelman, a criminal defense attorney in Cherry Hill, said of PTI. "If it's drugs, you would have to go to a drug evaluation and follow any recommendations. If it's a theft, you would have to pay restitution. Usually it's about 18 months, give or take. If you're successful in it, then your matter is dismissed. It's really attractive because you get out of it without having a criminal record."
The PTI program is similar to Pennsylvania's Accelerated Rehabilitative Disposition program and diversionary programs in other states. After PTI is successfully completed, defendants usually have to wait about six months before they can apply to have the records of their charges expunged by the state.
In Busey's case, the nearly three-year gap between charges being filed and his application for PTI is not unusual because the actor's offenses did not require detention, said Sergeant Andy McNeil, spokesperson for the Camden County Prosecutor's Office. McNeil said the prosecutor's office would need to extend a probationary offer for Busey to enter PTI before the court would determine what he has to do to complete the program.
"It depends on what the court deems they want the person to do to complete the diversionary program," McNeil said.
Although Busey faces felony charges, his offenses fall within the rubric for PTI, and Gelman said it's typical to enter a plea of not guilty while waiting for prosecutors and a judge to decide on an application to the program.
"It kind of puts everything on hold. If you get into the program, you don't enter a plea," Gelman said. "But if you screw up on PTI, then the charges come back."
If the Camden County Prosecutor's Office and the judge handling the case do not approve of Busey's admission into PTI, he would have the right to appeal his rejection before the case goes to trial, Swillman said. Busey is seeking to complete his PTI – including community service and other requirements – outside New Jersey, as permitted by law. The state typically will have a supervisor assigned to ensure a defendant's compliance with PTI requirements.
Busey's next court hearing is scheduled for April 21, although a decision on his PTI application could come before that date.
If Busey is not admitted into PTI and he goes to trial, Swillman said the offenses carry a maximum of 18 months in prison for a conviction. Busey had hoped the charges would be downgraded to a disorderly persons offense – New Jersey's version of a misdemeanor – but that has not happened in the years since the actor was charged. Still, Swillman is confident Busey would not face jail time.
"As a first-time offender, there's a presumption that he would get probation," Swillman said. "Conviction of these (offenses) typically would not require a prison sentence."
Busey is best-known for his role in 1978's "The Buddy Holly Story," a biographical film that earned Busey an Oscar nomination for playing the 1950's rock star who was tragically killed in a plane crash. Busey was once arrested in California for alleged spousal abuse of his ex-wife in 2001 and also faced allegations of groping a woman and forcibly placing her hand on his crotch while working on the set of NBC's "Celebrity Apprentice" in 2011. He has never been convicted of a crime.
Gelman, who served in the Burlington County Prosecutor's Office before becoming a defense attorney, said the time that has elapsed since Busey was charged in New Jersey could be a sign of challenges with the case.
"With him not being indicted in three years, it shows me the facts and evidence may not be as strong as they once were," Gelman said.
In general, Gelman said prosecutors are supportive of PTI applicants as long as they are eligible and the facts of the case support them entering the program. Decisions may vary from county to county and among judges, but Gelman called it a popular program for defendants, their attorneys and prosecutors.
"Prosecutors are human, they get it," he said. "Especially if the case isn't as strong as they would like, it's a good outcome and it gets it off their books. Everybody likes PTI."