A jury of eight heard the description of two different men during opening statements on Tuesday. Although, technically speaking, both men were David Mueller.
Gabe McFarland painted his client, Mueller, as a man passionate about radio, in love with his girlfriend and working his dream job, not as someone who would grope Taylor Swift during a meet-and-greet ahead of a 2013 concert.
But Swift’s attorney Douglas Baldridge described the former radio host, who was fired from country radio station KYGO after the alleged assault, as someone with a different character. He questioned his motives, describing him as a guy after money, attention and revenge on his employer. He accused Mueller of changing his story seven times.
The jury — six women and two men — sat watching, as did the gallery filled with the public and media during the second day of the civil trial between Mueller and Swift.
The alleged groping came to light in 2015, when the former radio host filed sued claiming Swift, her mother and her radio promotions manager made false allegations that got him fired. Swift filed a counterclaim, alleging assault and battery. The trial started Monday in U.S. District Court in Denver.
And then the man in question, Mueller, took the witness stand. The former radio host had aged since the incident, which occurred when he was 51 years old. In a sealed photo that was taken during the alleged assault, Mueller has brown hair and a mustache. On the stand, his hair had grayed and his face was cleanly shaven. The photo was leaked to TMZ.
Mueller was slightly hunched when talking into the mic, looking straight ahead or at the lawyer asking questions. He’d occasionally look up when trying to recall details. As he talked, Swift watched stoically until the incident was brought up. During those times, she looked at her lawyer in disbelief or shock, occasionally mouthing “that’s not true” or “wow.”
Sometimes she and her mother exchanged scribbled notes with Baldridge.
Andrea Swift, who is also named in the suit, sat to the side of her daughter. With the exception of a few quick glances, she didn’t look at Mueller when he described his version of the incident.
As Mueller tells the story, he and his girlfriend waited in line for a photo with Taylor Swift during a meet-and-greet as part of his job. The radio host said he liked the singer’s music but wasn’t a fan.
When they met Swift, she seemed entirely focused on his girlfriend, ignoring Mueller, he testified. Then, suddenly, she announced that they should take the photo and she moved toward his girlfriend.
Mueller said he had to jump into the photo at the last second. His and Swift’s arm’s “jostled” at first, and then Mueller put his outstretched and closed fisted hand behind the singer, perhaps touching her rib cage but not her bottom, he testified.
After the photo, the couple went separate ways so she could get drinks and he could put signed photos of Swift in his car. During this time, he testified that he ran into his boss Hershel Coomer, who is known as “Eddie Haskell.”
Haskell and Swift have gone back many years. Mueller testified that Haskell told him the singer was excited to see him, jumping into his arm when they saw each other earlier. Mueller said Haskell described greeted the star with two outstretched arms, one of which wrapped around and touched her bottom. Haskell allegedly told Mueller he thought Swift wore bike shorts.
Mueller said he was later confronted by security but did not know what was going on. He was escorted out of the Pepsi Center. Swift’s radio promotions manager Frank Bell called KYGO management to inform them of the incident, saying the family was very upset and hoped the station would do the right thing. The station conducted its own investigation, talking to Mueller and looking at the photograph. Mueller was fired two days later.
The former radio host said he has applied to two dozen jobs but had not gotten any. He said he was pursuing this case to clear his name.
And then Baldridge began his cross-examination. He had a more animated and aggressive style on the podium, at times talking over Mueller and frequently asking seemingly similar questions repeatedly to push a point.
With Baldridge now taking control of the questions, Andrea Swift turned to watch Mueller. The attorney drilled into Mueller about several aspects of his story and motives.
Baldridge asked the former radio host why he did not sue his former employer. He said Mueller testified that he wanted to clear his name, yet he filed a public lawsuit, making the allegations public and alerting every radio station to the situation. He then asked Mueller if he wanted to be a shock-jock.
Despite testifying that he wasn’t seeking a specific amount in damages, Baldridge cited the deposition of Mueller’s expert witnesses on lost income. The witness had said Mueller sought nearly $3 million. “Is $3 million enough to clear your name?” he asked.
He questioned why Mueller did not tell his employers about Haskell’s story during the investigation. Mueller responded that at the time he didn’t think it was pertinent. He also explored Mueller’s troubled work relationship with Haskell and how his job appeared to be threatened before the incident.
Mueller had recorded up to 2 hours of a conversation he had with his employers before he was fired. He had sent pieces of the interview to his lawyer with a total of nearly 15 minutes being submitted to the court.
But Mueller lost the full recording. Why? Mueller testified that he had lost the five electronic devices that contained the full recording in separate incidents, including spilling coffee on a laptop computer and shattering an iPad. The federal judge has already sanctioned Mueller for this.
Baldridge ended the day by getting into Mueller’s emotional state during the incident, exploring how the host said he felt isolated and alone during the incident. One of Swift’s expert witnesses on sexual assault had intended to talk about Mueller’s emotional state and how it and other factors fit the character of someone who would commit a sexual assault. But the judge has already blocked that portion of her testimony.
The day ended before Baldridge could finish his questioning. It’ll be picked up again Wednesday morning with Mueller still on the stand.
