Swift victory: Judge THROWS OUT DJ's case against star and says he can't prove that she got him fired from radio station over claims he groped her

  • David 'Jackson' Mueller claimed that Swift made libelous statements about him
  • The radio station employee said he was fired after she claimed he 'groped' her
  •  Her lawyer asked for former Denver KYGO DJ's case to be dismissed
  • A few hours later the judge granted the request  
  • Swift is still countersuing him for just $1, accusing him of reaching under her dress and grabbing her buttocks during a photo 
  • Earlier on Friday, Swift's former bodyguard Greg Dent said he saw the skirt lift 
  • Mueller's identical allegations against Swift's mother and her radio liaison will go to the jury 

A judge has thrown out the DJ's 'groping' lawsuit against Taylor Swift, saying he can't prove that her claims got him fired from a radio station.

David 'Jackson' Mueller claimed that Swift made libelous statements about him that led to his dismissal from the radio station.

On Friday afternoon, Swift's attorney made the motion for a summary judgement and the lawyers argued their case to judge without jurors present before breaking for a 10 minute recess. 

Her lawyer asked for former Denver KYGO DJ Mueller's case to be dismissed. A few hours later the judge granted the request. 

After U.S. District Judge William Martinez’s ruling, Swift and her team shared a celebratory hug. 

The team of former DJ David Mueller did not talk to one another or anybody else. 

Mueller, 55, sued Taylor, 27, for $3 million, alleging that she cost him his job for an assault that never happened. 

She is still countersuing him for $1, accusing him of reaching under her dress and grabbing her buttocks as they posed for a photo. 

U.S. District Judge William Martinez determined Friday that the pop star could not be held liable because David Mueller hadn't shown that she personally set out to have him fired after the backstage meet-and-greet in 2013. 

Mueller's identical allegations against Swift's mother and her radio liaison will go to the jury. 

A judge has thrown out the DJ's 'groping' lawsuit against Taylor Swift, saying he can't prove that his claims got him fired from a radio station. 

A judge has thrown out the DJ's 'groping' lawsuit against Taylor Swift, saying he can't prove that his claims got him fired from a radio station. 

David 'Jackson' Mueller claimed that Swift (above) made libelous statements about him that led to his dismissal from the radio station

David 'Jackson' Mueller claimed that Swift (above) made libelous statements about him that led to his dismissal from the radio station

After Swift's former bodyguard Greg Dent testified that he saw Mueller's hand go under her skirt during a June 2013 meet and greet, two other witnesses were called before the plaintiff rested their case.

Mueller's former on-air cohost DJ at KYGO Ryan 'Ryno' Kliesch took the stand and told jurors that when he first heard about the accusations against his good pal that he thought it was a prank. He joked that he expected Ashton Kutcher to jump up and tell him he was being 'punked'. 

Kliesch told jurors that he has never known David to act inappropriately toward women as long as he had known him. He also said that David from day one has maintained his innocence and has never admitted to inappropriately touching Taylor.

Kliesch also said that former KYGO program manager Hershel Coiner, on-air name 'Eddie Haskell' thought Taylor was wearing biker shorts when he hugged her at the meet and greet he attended earlier in the night.

Kliesch was not present at the meet and greet when Mueller allegedly groped Taylor.

Mueller's ex-girlfriend Shannon Melcher took the stand next. At the time of the alleged incident, Shannon worked at KYGO as an account executive.

This photo of Shannon Melcher (left) and David Mueller (right) with his hand behind Taylor Swift at the Pepsi Center was leaked last year. Her former bodyguard said he lifted her skirt a moment before the picture was taken that shows Swift leaning away. Melcher said she did not notice any strange reaction from Swift or any indication she was being groped 

This photo of Shannon Melcher (left) and David Mueller (right) with his hand behind Taylor Swift at the Pepsi Center was leaked last year. Her former bodyguard said he lifted her skirt a moment before the picture was taken that shows Swift leaning away. Melcher said she did not notice any strange reaction from Swift or any indication she was being groped 

Shannon Melcher testified Friday that her ex boyfriend David Mueller convinced her to report a fellow employee who groped her at another concert 

Shannon Melcher testified Friday that her ex boyfriend David Mueller convinced her to report a fellow employee who groped her at another concert 

She testified that she started dating Mueller around February 2013 and the relationship ended slowly towards the end of 2013. 

'We just grew apart as a couple but we still remain friendly, I have nice memories from our relationship,' Melcher said.

She testified that she never saw Mueller act disrespectful to any other woman.

She said that Mueller is the one who told her to complain to HR about a fellow employee who grabbed her buttocks at another concert. 

Upon questioning by Mueller's attorney, Shannon said that she was chatting with Taylor when the picture was about to be taken.

'In the picture you can see we were close because we were talking. Dave was trying to get in from the left side. The photograph happened quickly, he was trying to get into the frame.'

Shannon said that she never saw Mueller reach his hand under Taylor's skirt, 'I was talking to Taylor, and I don't have eyes in the back of my head.

But said she never noticed any unusual movement by Taylor, a jump or a sudden movement toward her. 'I don't recall Taylor jumping into me or making any sudden movements toward me.'

After the meet and greet, she didn't notice any uncomfortable reaction from Taylor.

Mueller rode up to Alfred A. Arraj Courthouse in the back seat of an SUV Friday morning 

Mueller rode up to Alfred A. Arraj Courthouse in the back seat of an SUV Friday morning 

Ryan 'Ryno' Kliesch told the jury Friday that Mueller maintained he never touched Taylor Swift inappropriately 

Ryan 'Ryno' Kliesch told the jury Friday that Mueller maintained he never touched Taylor Swift inappropriately 

But she said Mueller later told her that it was a strange event. Mueller said he felt odd that he had to 'dive into the photo quickly,' and that they were in a meet and greet for the public, not one designated for the radio industry.

She also told jurors she didn't have anything alcohol to drink until after the Taylor meet and greet and never saw David Mueller consume alcohol that day until after the event.

Shannon told jurors that Mueller from day one has never admitted to touching Taylor inappropriately.

The plaintiff side rested prior to the lunch time recess.

Taylor Swift's former bodyguard, Greg Dent, said earlier on Friday he saw the moment Mueller lifted her skirt.

Dent, a former cop who currently works for the NSA, testified he saw David Mueller put his hand under Taylor's skirt right before the picture was taken with Swift, Mueller and his then girlfriend Shannon Melcher.

'His hand went under her skirt, she jumped, moved her skirt down and moved closer to the girl and proceeded to have the picture taken, ' Dent told jurors in Denver federal court Friday.

Being further pressed by Mueller's attorney Gabriel McFarland about his where he was positioned during the alleged incident, Dent said that he was just a few feet away, off to the side of Shannon Melcher.

'I was standing off the side the girl, I could see their (Swift, Mueller, Melcher) backsides the entire time.

'I have no doubt that I saw Mueller place his hand under Taylor's skirt, I couldn't tell you how long it was up there. But Taylor jumped as soon as he put his hand under her skirt, moved her skirt down and she moved closer to the girl.' 

Taylor Swift's bodyguard testified he did not take any action against Mueller because he usually relied on cues from Swift and she gave him no indication she was in danger

Taylor Swift's bodyguard testified he did not take any action against Mueller because he usually relied on cues from Swift and she gave him no indication she was in danger

He later said, 'The backside of her skirt moved up, nothing else. The front or the side didn't move at all.'

Mueller's attorney pressed Dent on why he didn't take any actions against Mueller after witnessing inappropriate behavior. Dent said that he took a cue from Taylor that she was fine and didn't want him to do anything about it at that time as she continued on with her meet and greet.

'My focus was on her, I looked at her to see if she wanted me to move in. She proceeded with the picture.

'She seemed a little different right after the photograph and she went on with the meet and greet.

'I never said anything to anyone around after the incident.

'She never gave me any indication that anything was wrong.'

Dent also told jurors that he thought Mueller had been drinking, and during his original deposition he thought Mueller may have had a drink in his hand at the time of the meet and greet, but later learned he was wrong.

He said: 'I didn't sense danger after he touched her.'

He was later dismissed from the witness stand. 

Andrea Swift showed up to court for a few hours but during the morning break. Her counsel requested permission to be excused from court saying she was still not feeling well.

On Thursday, Swift told how a 'drunk' Mueller groped her bare backside after lifting her skirt and leaving his hand 'latched' on.

'He lifted my skirt and grabbed my bare ass cheek,' Swift told the jury in her civil trial.

'It was a definite grab, not jostling.'

In day four of her federal trial the 27-year old singer repeatedly told jurors from the stand over and over again how former KYGO radio DJ, David Mueller, 55, intentionally grabbed her at a meet and greet in Denver, CO in June 2013.    

Taylor Swift's brother Austin was seen walking into court Friday morning next to Greg Dent 

Taylor Swift's brother Austin was seen walking into court Friday morning next to Greg Dent 

Dent now works for the NSA but worked for Taylor Swift in 2013 as her bodyguard (pictured at the Billboard 2013 Music Awards)

Dent now works for the NSA but worked for Taylor Swift in 2013 as her bodyguard (pictured at the Billboard 2013 Music Awards)

Taylor Swift took the stand Thursday and testified that former Denver DJ David Mueller lifted her skirt and grabbed her bottom during a meet and greet

Taylor Swift took the stand Thursday and testified that former Denver DJ David Mueller lifted her skirt and grabbed her bottom during a meet and greet

Upon further grilling by Mueller's attorney, Taylor told jurors that Mueller and his then girlfriend appeared to be intoxicated at their meet and greet. 

Taylor said that she doesn't blame her former bodyguard Greg Dent who witnessed the assault for not stopping Mueller, telling jurors, 'I'm not critical of my bodyguard for not doing anything, I'm critical of your client (Mueller) for sticking his hand under my skirt and grabbing my ass.' 

 I am not going to allow your client make me feel like it anyway it's my fault because it isn't. I don't know him, but what he did was despicable.
Taylor Swift 

When grilled about how she felt about Mueller losing his job because of the allegations, Taylor countered by saying, 'I am not going to allow your client make me feel like it anyway it's my fault because it isn't.'

She said that she doesn't have any feelings on Mueller as a person, 'I don't know him, but what he did was despicable.' 

'I know it was him. I didn't need a photograph. I could have picked him out of a line of a thousand people. I know exactly who did this, this what happened. It happened to me. I know it was him.'

After a little under an hour on the stand, Mueller's attorney had no further questions and Taylor's attorney Douglas Baldridge and no question.

Taylor's tour photographer at the time testified for about 10 minutes after her, while the judge in the case announced that Taylor's mother, Andrea was not feeling well and was excused from testifying Thursday. 

Taylor Swift's publicist Tree Paine (second left) was seen into court on Friday followed by Austin Swift

Taylor Swift's publicist Tree Paine (second left) was seen into court on Friday followed by Austin Swift

Swift's mother took the stand Tuesday and told the jury of when her daughter confronted her about the alleged groping
David Mueller is seeking $3 million from Taylor Swift, accusing her of being the reason he was 'wrongfully' fired from his $150,000-a-year job. He claims he did not touch her inappropriately during their encounter in 2013

David Mueller is seeking $3 million from Taylor Swift, accusing her of being the reason he was 'wrongfully' fired from his $150,000-a-year job

Office workers opposite the Taylor Swift trial being held at the Alfred A. Arraj courthouse wrote 'Fearless', the name of her second studio album, in sticky notes on the window 

Office workers opposite the Taylor Swift trial being held at the Alfred A. Arraj courthouse wrote 'Fearless', the name of her second studio album, in sticky notes on the window 

Swift's attorneys Douglas Baldridge (left) and Jesse P. Schaudies Jr. entered the courthouse Friday as the media waited outside 

Swift's attorneys Douglas Baldridge (left) and Jesse P. Schaudies Jr. entered the courthouse Friday as the media waited outside 

David Mueller bowed his head as the singer testified on Thursday. She claimed he grabbed her 'bare ass' 

David Mueller bowed his head as the singer testified on Thursday. She claimed he grabbed her 'bare ass' 

Swift's former personal assistant Gabby Liddicoat and KYGO Vice President Robert Call also testified. 

The court also heard from former KYGO employee Hershel Coiner, on-air name 'Eddie Haskell', who Mueller had claimed had really been the man who groped Swift.

Coiner denied touching her - and vehemently denied on the stand that he told Mueller that he grabbed Taylor's butt after the concert, as alleged by Mueller in his civil complaint.

He was also questioned on whether Mueller, who he saw at another meet and greet that same night, had been intoxicated but said he had not seen a drink in his hand or think he was drunk.

Both men's former boss, Robert Call,  the vice-president of  KYGO told jurors that after he completed an internal investigation he fired Mueller based on three reasons.

The photograph showing Mueller with his hands near Taylor's behind, statements by Swift liaison Frank Bell as relayed to him by Taylor Swift and her mother, Andrea Swift, and Mueller's changing story.

 In my mind, without question, his hand was behind Ms. Swift's rear end.
Robert Call, KYGO boss who fired Mueller 

'In my mind, without question, his (Mueller's) hand was behind Ms. Swift's rear end,' he said.

And Taylor's road manager, Erica Warden told jurors that 'after the meet and greet, Taylor told several people, that guy [Mueller] grabbed my ass.'

Warden said that she had not seen it herself, but Stephanie Simbeck, who runs Taylor Swift's Club Red, the name for her meet and greet club, and who took the photograph of Meuller and Swift that she had seen the grope.

When asked by Mueller's attorney about the alleged incident of Mueller grabbing Taylor's butt, she replied that she saw Mueller grab her 'ass.'

Pressed by Mueller's attorney on whether or not Mueller grabbed Taylor's on the outside of her skirt or the inside of her skirt, she said she didn't know.

'He was touching her,' she said. 

On Wednesday Andrea had sobbed on the stand as she spoke about the moment she was informed her daughter had been groped, telling court that she knew something was 'horribly wrong' the moment she walked into her dressing room.

Andrea, 59, said: 'I went into the dressing room and I saw her face. I could see that there was something horribly wrong. She [Swift] said, 'Mom, a guy just grabbed my ass.'

The mother-of-two broke down as she told the jury about how Swift was left feeling 'destroyed' in the aftermath of the groping incident.

She said: 'One of the things I think that stuck with me [about that night] was that [Taylor] couldn't believe that after the incident, after he grabbed her, that she thanked him for being there.

A man holds up his passes for both the morning and afternoon sessions of the Taylor Swift trial outside of the Denver courthouse

A man holds up his passes for both the morning and afternoon sessions of the Taylor Swift trial outside of the Denver courthouse

Stephanie Simbeck, the event photographer who claims she saw David Mueller grab Taylor Swift, testified in court Thursday.
Former KYGO employee Hershel Coiner, on-air name 'Eddie Haskell' testified that he did not grab Swift like Mueller alleged

Stephanie Simbeck, the event photographer who claims she saw David Mueller grab Taylor Swift, testified in court Thursday.  Former KYGO employee Hershel Coiner, on-air name 'Eddie Haskell' testified that he did not grab Swift like Mueller alleged 

'She said thank you. It was destroying her that she said that after someone did that to her. It made me question why I taught her to be so polite in that moment.'

Andrea explained that she and other members of Swift's management team chose not to call police because they wanted to keep the incident private and did not want her to have to 'endlessly relive' the moment.

The 59-year-old added: 'I did not want her to have to live through endless memes and gifs and anything else tabloid media or internet trolls would be able to come up with; making her relive this awful moment over and over again.' 

'We wanted to keep this private but we did not want to let him get away with it.'

She smiled as she talked about Swift's 'sweet' upbringing on a farm in Reading, Pennsylvania, but became visibly angry when Mueller's lawyer asked her if her son Austin had ever been accused of sexual assault.

The line of questioning was disallowed by Judge Martinez.  

Andrea was also asked about the photograph of Swift with the DJ taken on the night and told court that it left her feeling 'sickened'.

She told the jury: 'The reason I saw it was because they were using this to find him and the second I saw it, I knew there was something horribly wrong, horribly wrong going on in that picture.'

The mother-of-two said she knew something was wrong because of the look in her daughter's eyes and the 'frozen smile' on her face.

She added: 'I looked at it and I was sickened.'

Concluding the cross-examination, Swift's attorney asked if she had heard any facts that had convinced her Swift had not been sexually assaulted.

Watched by her daughter and her husband Scott, Andrea turned towards Mueller and said: 'Absolutely not.'

Asked who had assaulted Swift, Andrea replied: 'David Mueller did.' 

This court sketches drawn on Wednesday August 9 shows Swift with her lawyer, Doug Baldridge and her mom

This court sketches drawn on Wednesday August 9 shows Swift with her lawyer, Doug Baldridge and her mom

Taylor Swift's mother Andrea (seen above in a court sketch from Wednesday's hearing) said she was left upset to the point where she wanted to 'vomit and cry at the same time' after being told her daughter had allegedly been groped at a concert.

Taylor Swift's mother Andrea (seen above in a court sketch from Wednesday's hearing) said she was left upset to the point where she wanted to 'vomit and cry at the same time' after being told her daughter had allegedly been groped at a concert.

Taylor Swift's mother Andrea testified in court Wednesday about when her daughter told her she was 'groped'. Andrea said she was upset and felt like she wanted to 'vomit and cry at the same time'

Taylor Swift's mother Andrea testified in court Wednesday about when her daughter told her she was 'groped'. Andrea said she was upset and felt like she wanted to 'vomit and cry at the same time'

Her first appearance on the witness stand came shortly after former radio host David Mueller completed his testimony Wednesday with a plea to restore his 'good reputation'.

In closing remarks, he said: 'I'm here to prove that I'm innocent. I had a good reputation in radio and I would like to get it back.'

Under questioning from Swift's lawyer Douglas Baldridge, he said he was no longer looking for a $3 million award but instead wanted to restore his name and resume his career in radio.

He acknowledged that a photo of him with his hand behind the singer is 'weird and awkward' in court Wednesday.

Her lawyer also claimed several people noticed Swift was upset after the incident when David Mueller allegedly grabbed her.

He also reminded the court that Swift's bodyguard Greg Dent previously testified in a deposition that he had seen Mueller lift Swift's skirt. 

Mueller claims the episode cost him his career and relationship with girlfriend Shannon Melcher, who was present during the alleged grope and is expected to testify later in the trial.

The former radio host added: 'It's a humiliating experience to be accused of something that despicable.'

Swift fans lined up outside of the courthouse on Friday hoping to catch a glimpse of the pop star. A local radio station supplied donuts 

Swift fans lined up outside of the courthouse on Friday hoping to catch a glimpse of the pop star. A local radio station supplied donuts 

A woman outside of the courthouse was seen waving a Taylor Swift t-shirt on Wednesday

A woman outside of the courthouse was seen waving a Taylor Swift t-shirt on Wednesday

The trial was the final act in a long-running legal saga that began in September 2015 when Mueller filed suit claiming Swift had lied about being groped and had got him fired.

Swift countersued the following month, writing in her complaint that she had 'never been so certain of anything in my life'.

The singer is seeking a token $1 award and a verdict that holds Mueller responsible and serves 'as an example to other women who may resist publicly reliving similar outrageous and humiliating acts'.

Mueller was fired from his $150,000-a-year job after being accused of groping Swift at the Pepsi Center in Denver in June 2013. 

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