Photograph that Taylor Swift claims is evidence that radio DJ 'reached under her skirt and groped her' is leaked despite judge's order to seal the image
- Photo was taken backstage in Denver, Colorado, in June 2013
- Published by TMZ, picture shows David Mueller's right arm extended behind Swift, with his hand appearing to be level with her rear
- According to deposition transcripts, Swift said: 'He reached up under my skirt and grabbed my ass when I was having to pose for a photo'
- She says she was so shocked by the alleged assault she was 'barely able' to speak or get words out
- But Mueller claims he was not the one who inappropriately grabbed Swift
- The DJ filed the initial suit saying Swift had him wrongly fired from his job
- Swift counter-sued with the alleged sexual assault case
A photograph Taylor Swift claims is evidence that a former radio DJ sexually assaulted her has leaked.
Taken at a meet-and-greet event at Denver's Pepsi Center in June 2013, the photo published by TMZ shows David Mueller's right arm extended behind Swift. While his hand is not visible, it appears level with her rear.
Mueller initially sued Swift for slander and accused her of getting him fired from his job at Colorado country music station 98.5 KYGO, where he had worked since 2013.
But Swift counter-sued, stating in a deposition that Mueller 'reached up under my skirt and grabbed my ass right when I was having to pose for a photo'.
Mueller claims it was a co-worker of his who assaulted Swift and that he is wrongly accused.
It is unclear how the photograph was leaked, but Swift's legal team had successfully filed a motion to seal the image in order to protect her privacy.
A photograph Taylor Swift (left) claims is evidence that a former radio DJ David Mueller (right) sexually assaulted her has leaked after a judge granted a motion for it to be sealed
The motion to seal a number of documents, include witness testimonies and photographs, stated the dangers of influencing a jury.
It also noted the importance of protecting Swift's privacy, stating 'it is all but assured that the photograph will be shared for scandalous and prurient interests'.
The judge granted the motion to seal the image, but rejected a similar request for a transcript of Swift's testimony.
Lawyers pressed Swift to tell them whether or not the photo taken with Mueller during the meet-and-greet in June 2013 was the moment he groped her.
It was noted in the deposition that her skirt is not ruffled or messed up in the photograph.
Swift said it would be impossible for her to definitively answer whether that photo captured that moment.
She said she couldn't pinpoint when it happened because she was 'uncomfortable because a strange man's hand just lifted up my skirt and was either nearing my ass cheek, freshly grabbed onto or refusing to let go'.
According to the documents, Swift's photographer also said she recalled seeing a strange expression on Swift's face right before the photo was snapped, but said she thought maybe the singer had tripped on her heels.
Taylor Swift (pictured) showed up for jury duty in Nashville, Tennessee in August
The 26-year-old hit maker was dismissed after relaying she would most likely be biased as a juror in an unrelated rape and kidnapping case
Details of the assault first came to light when Swift showed up for jury duty in Nashville, Tennessee in August.
She said she didn't think she could be unbiased in an aggravated rape, kidnapping and domestic abuse trial because of her own experience.
A judge decided she couldn't be impartial and she was dismissed from jury duty.
In her deposition she says: 'As soon as he grabbed my a**, I became shocked and withdrawn and was barely able to say "thanks for coming", which is what I say to everybody.
'I was barely able to get words out, and it was like somebody switched the lights off in my personality.
'So it was pretty quick that he was gone after that,' she said.
Swift explains she 'just wanted him to be gone' after the incident. When asked if she told one of her staff members immediately after she said: 'No, because I didn't have one split second without a fan in front of me until that moment.
'And I didn't want people to find out about this. Anything that I say in front of fans could end up in the press, and I didn't want that.'
In one part of the deposition, Swift's mother Andrea says she was 'nauseous' when Swift came to her and told her about the alleged incident.
'I felt like I wanted to cry and throw up at the same time,' Andrea said.
She said her daughter appeared 'humiliated, embarrassed, and horrified'.
'She was upset. She cried. We cried. It was - it was just inconceivable,' Andrea said of her daughter.
Former radio DJ David Mueller (right, with former co-worker Ryan Kliesch, left) initially sued Swift for slander and accused her of getting him fired from his job at a Colorado radio station
Mueller's initial complaint claims that he had been working in the radio business for more than 20 years and had been working for 98.5 KYGO since 2013.
He said that his bosses informed him and his co-host, Ryan Kliesch, he would have to attend a meet-and-greet at Swift's concert on June 2, 2013.
The radio DJ brought his girlfriend along to the show and said that he eventually went backstage to meet Swift.
During the meeting, he explained that both he and his girlfriend complimented her and then took photos before receiving autographs.
He said the interaction 'went great' and the singer 'remained pleasant as she bid them goodbye'. Later that night, Mueller said he ran into a co-worker who bragged that during his meet-and-greet he put his arms around Swift and grabbed her butt during the photo op.
The singer's bodyguard approached the radio DJ later in the night and accused him of grabbing Swift's butt when they took their photo.
Mueller said he was then kicked out of the venue and eventually his bosses fired him for the allegations.
But Swift fired back at the former radio host's lawsuit and claimed Mueller - not his co-worker - was the one who groped her when taking a photo.
She said the accusations by the radio DJ that his co-worker was the one who touched her are lies.
The singer says she knows Mueller's co-worker and she clearly remembers that he was not the one who assaulted her.
The singer filed her suit against Mueller for assault and battery and demanded compensatory and punitive damages
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