The former Denver DJ who says he hasn’t been able to find radio work since he was accused of groping pop star Taylor Swift during a meet-and-greet at the Pepsi Center in June 2013 admits the photo of the incident was “awkward” and that the two were “jostling” as he slid into the frame.

While David Mueller claims he was only touching Swift’s ribcage with his closed fist while testifying on Tuesday, during cross-examination, the former KYGO morning show host admitted in the photo, his hand is clearly quite a bit below that.

He said he was rushing to slide into the photo as Swift spoke to his girlfriend, and that he distinctly felt the pop star’s rib cage and also her arms.

Mueller has been on the witness stand in the Alfred A. Arraj United States Courthouse in downtown Denver since Tuesday afternoon.

He is seeking financial damages from Swift, who countersued him for assault and battery. She says she is only seeking $1.

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Both Mueller and Swift’s attorneys used a photo since leaked to TMZ from the June 2, 2013 meet-and-greet as evidence during cross-examination and redirect. Both teams also used additional photos from other meet-and-greets that night they claim prove their point about the nature of Mueller’s conduct.

Swift claims the radio host touched her “bare ass” -- an allegation that Mueller refutes, though he did admit during cross-examination that someone could find their photo together uncomfortable.

Another point of contention during cross-examination was Mueller’s allegation that his former boss Eddie Haskell had bragged about touching Swift’s rear-end that same night.

Swift’s attorney Doug Baldridge asked Mueller why he didn’t bring this up as he was being escorted out of the venue by security and during the ensuing conversations leading up to his firing from KYGO.

It was a question Mueller couldn’t quite answer during the at-times tense cross-examination.


During cross-examination, Mueller confirmed that KYGO owed him $300,000 for his contract (he was terminated after five months) in addition to $20,000 a year in guaranteed endorsements.

Baldridge asked why despite the fact Mueller’s attorneys say a damages expert concluded he should get $3 million, the former DJ said during his testimony it was wrong to say he wanted 15 times his KYGO contract.

When Mueller couldn’t answer that question, Baldridge looked at the jury and simply said “I think I’ve made my case.”

The cross-examination then took a turn to Mueller’s past jobs -- including a DJ gig in Minneapolis where he was bought out of his contract because he had a side-gig for Nineball Radio Networks.

This is where Mueller worked until he was hired by KYGO -- and Baldridge made it a point to mention that he didn’t apply there again when he lost his job, instead opting to look for on-air positions in top-20 markets.

Mueller also testified that he was let go from a station in Kansas City, something that in a prior deposition he said did not necessarily help his radio career.


During cross-examination, Baldridge stressed that Mueller had told 37 other people in the radio industry about the incident with Swift and his ensuing termination from KYGO.

“It’s possible people in the radio industry could have heard about the incident from me telling them about it,” Mueller said.

He would, however, go as far as to say that his actions alone had rendered himself unemployable in radio.


A small line of fans gathered outside for a spot in the courtroom before the proceedings began -- though they were vastly outnumbered by the media, which was largely in a designated area outside of the multi-story downtown building.

Mueller’s cross-examination was delayed about two hours by a closed hearing involving the judge and attorneys. During that time, both the public and media were not allowed inside the courtroom.

When court resumed about two hours after the scheduled start, the judge did not elaborate on exactly what the hearing was about, though he indicated it did concern some evidence.

Court will resume at 1:30 p.m. Follow 9NEWS for updates.