Giving testimony during a civil trial alleging the music star was groped, accused DJ David Mueller insisted he was touching Swift’s ribs not her rear

This article is more than 3 years old

This article is more than 3 years old

Former disc jockey David Mueller has acknowledged that a photo of him with his hand behind Taylor Swift was “weird and awkward”, but denied touching her rear as the singer has alleged in the groping case.

During testimony on Wednesday at the civil trial in Denver, Swift’s attorney repeatedly asked Mueller, 55, why his right hand was behind Swift in a pre-concert photo op.

Mueller says his hand was touching Swift’s skirt after he put his arm around her and their arms got crossed. He said his hand was at rib-cage level and “apparently it went down”.

Taylor Swift testifies in groping lawsuit: 'It was a definite grab' Read more

According to the Grammy-winning artist, Mueller slipped his hand under her dress and grabbed her bare buttocks as the two posed, along with Mueller’s girlfriend, during the picture-taking session before a concert in Denver in 2013.

“It was not an accident, it was completely intentional, and I have never been so sure of anything in my life,” Swift, 27, said in a deposition. She is expected to take the witness stand later in the trial.

Her attorney, Douglas Baldridge, showed the jury several photographs of fans meeting Swift before the gig, pointing out another man who had his arm around the star’s shoulder.

After the alleged incident, Swift told her management and her security team informed Mueller he would no longer be welcome at concerts.

Mueller later lost his job at Denver radio station KYGO-FM and instigated the legal action, claiming that he is being falsely accused by Swift and he was fired by his employer, country music station KYGO, over her allegation. He was seeking up to $3m in damages.

Facebook Twitter Pinterest Taylor Swift’s attorney Doug Baldridge, center, at the courthouse in Denver. Photograph: Theo Stroomer/Getty Images

Swift countersued, claiming Mueller sexually assaulted her. The eight-member US district court jury was now weighing both claims in a single trial.

Swift’s mother testified on Wednesday that she became sick to her stomach when she learned her daughter had been groped but decided against calling police to avoid publicity.

“I did not want this event to define her life,” Andrea Swift said in the second day of testimony.

Swift’s mother, who serves as part of her daughter’s management team, told jurors that one specific worry was the prospect that the photo taken with Mueller might end up going viral and even being doctored in a lewd way.

“I was very upset ... I felt like I wanted to vomit,” Andrea Smith, 59, testified when asked to recall her reaction to her daughter telling her that she had been groped. “‘Mom, a guy just grabbed my ass at the meet-and-greet,’” she recounted her daughter telling her moments after the alleged incident.

Baldridge suggested on Tuesday that Mueller was angry at having to wait in line for the picture-taking session.

But under cross-examination later in the day, Mueller acknowledged he was not given a VIP pass for a meet-and-greet photo opportunity and instead was forced to stand in line with throngs of pre-teen girls and their mothers. He denied the hour-long wait left him disgruntled.

He told the court he had applied for few radio jobs since his termination by KYGO four years ago, adding that Swift’s allegations had “cost me my career, my passion, my income”.

Baldridge sought to cast Mueller as an opportunist who assaulted his client and was now seeking “to make the victim pay the price.”