Watch CBS News

Judge Considers Dropping Case Against Taylor Swift

DENVER (AP) — The judge in the groping trial between Taylor Swift and a former radio host sent jurors home Friday as he weighed whether to dismiss the DJ's claims that the singer ruined his career.

U.S. District Judge William Martinez was considering Swift's lawyer's argument that David Mueller had failed to prove the pop star got him fired and promised a ruling late Friday.

taylor swift court sketch
(credit: Jeff Kandyba)

Mueller denies groping Swift during a 2013 meet-and-greet and is suing Swift, her mother and her radio liaison for up to $3 million. Swift is countersuing for a symbolic $1 and what she says is a chance to stand up for other women.

With jurors outside the courtroom Friday afternoon, attorneys on both sides argued over whether Mueller had presented enough evidence to send his full case to the jury. Those statements and the judge's questions focused on whether Swift herself had done anything to get Mueller fired.

taylor swift andrea swift sketch
A sketch from Taylor Swift's 2017 sexual assault court case. (credit: Jeff Kandyba)

That left open the possibility that the judge would throw out the claims against her but let Mueller press ahead with his allegations against her mother, Andrea Swift, and Frank Bell, their point man with radio stations. Swift's lawsuit alleging assault and battery by Mueller was not discussed.

Jurors are to return Monday to hear closing arguments about whichever claims remain.

TAYLOR SWIFT TRIAL .transfer_frame_580
David Mueller (credit: KYGO)

Earlier Friday, Swift's former bodyguard testified that he saw Mueller reach under her skirt a moment before a photographer snapped their picture during the pre-concert meet-and-greet at Denver's Pepsi Center.

Security guard Greg Dent, who no longer works for Swift, said he was standing a few steps away but did not intervene because he generally took his cues from the pop star, and she gave him no signals during the 2013 pre-concert encounter at a Denver arena.

Seated at her legal team's table in a federal courtroom, Swift chuckled when Dent testified that, after the photo was taken, he suspected that Mueller would be at the bar of the arena — and another guard found him there.

Taylor Swift
Taylor Swift attends the 'Manus x Machina: Fashion In An Age Of Technology' Costume Institute Gala at Metropolitan Museum of Art on May 2, 2016 in New York City. (Photo by Neilson Barnard/Getty Images for The Huffington Post)

A day earlier, Swift spent an hour on the witness stand herself defiantly recounting what she called a "despicable and horrifying and shocking" encounter.

"He stayed attached to my bare ass-cheek as I lurched away from him," Swift testified.
"It was a definite grab. A very long grab," she added in her testimony.

Swift's testy exchange with Mueller's attorney occasionally elicited chuckles — even from the six-woman, two-man jury. She got a laugh when she said Dent saw Mueller "lift my skirt" but someone would have had to have been underneath her to see the actual groping — "and we didn't have anyone positioned there."

Swift testified that after the photo was taken, she tried to get as far away Mueller as she could. She said she told him and his girlfriend, who was also in the photo, "thank you for coming" in a monotone voice before they left.

She also said she was stunned and did not say anything to Mueller or halt the event after he left because she did not want to disappoint several dozen people waiting in line for photos with her.

In the image, shown to jurors during opening statements but not publicly released, Mueller's hand is behind Swift, just below her waist. Mueller's then-girlfriend, Shannon Melcher, is on the other side of Swift. All three are smiling.

Melcher testified Friday that she saw nothing happen during the brief encounter and that she and Mueller were rudely confronted and escorted out of the arena that evening.

Melcher testified Mueller was devastated by the accusation.

She said she and Mueller started out as co-workers at country station KYGO-FM and became romantically involved in February 2013, a few months before the concert. They drifted apart late in 2013, but Melcher says they remained friends.

By JAMES ANDERSON and TATIANA FLOWERS, Associated Press

(© Copyright 2017 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)

View CBS News In
CBS News App Open
Chrome Safari Continue
Be the first to know
Get browser notifications for breaking news, live events, and exclusive reporting.