Pop star Taylor Swift has won a preliminary round in a federal court trial stemming from her allegation that she was groped by a Colorado disc jockey, as the judge dismissed the DJ's rival claim accusing the singer of wrongfully getting him fired.
The ruling by US District Judge William Martinez left intact Swift's assault and battery countersuit against David Mueller (55), who had asserted he was falsely accused by the recording star and ousted from his $US150,000-a-year job at radio station KYGO-FM under pressure from her.
Earlier on Friday, Swift's former bodyguard corroborated her account of being groped, testifying that he saw the radio personality slip his hand under her skirt as they posed for a photo in 2013.
Greg Dent, a former police officer who said he has provided security for many other celebrities, took the witness stand on the fifth day of a US District Court trial in Denver.
Swift, a 27-year-old Grammy-winning artist behind such hits as "Fearless" and "I Knew Your Were Trouble" testified on Thursday that she was subjected to a "very long," "intentional" and "horrifying" grope by Mueller as she posed with him and his then-girlfriend for a picture.
Swift also said it was obvious the couple had both "had a few cocktails."
Dent, called to the stand by Mueller's lawyer, Gabriel McFarland, told jurors he witnessed the incident.
"I saw his hand under her skirt. ... Her skirt went up. ... She jumped," Dent testified, adding that Swift then moved closer to Mueller's girlfriend, who was standing on the other side of the singer for the photo.
"I was definitely sure that he had been drinking," Dent said of Mueller. "I don't know what level. He wasn't staggering or falling down."
Dent said he did not immediately intervene because he took his cues from Swift, who continued with the meet-and-greet session. When she finished meeting her fans, Dent said, Swift told her staff about the groping.
PHOTO TAKEN QUICKLY
Earlier this week, Mueller testified that he may have made innocent contact with Swift but denied any inappropriate behavior, and explicitly denied grabbing her rear end.
Following Dent to the stand was Mueller's longtime friend and former co-host at KYGO-FM, Ryan Kliesch. He repeatedly answered "no" when asked by McFarland if he had ever seen Mueller disrespect, demean, condescend or act inappropriately toward women.
The last witness McFarland called was Mueller's ex-girlfriend, Shannon Melcher, a former sales representative for KYGO who, like Kliesch, gave testimony that was somewhat supportive of Mueller though far from effusively favorable.
Asked if she saw Mueller inappropriately touch Swift during the picture-taking session, Melcher said she did not, but added, "I don't have eyes in the back of my head."
"We took the photo quickly," she testified, recounting that Mueller was standing some distance away when it was their turn to pose and that he later remarked "he had to dive into the photo."
But Melcher testified she did not notice Swift lurch or move away from Mueller.
The photo, repeatedly displayed in court, shows Swift in a black skirt and top, flanked by Mueller and Melcher, all three smiling for the camera. Mueller has his right hand concealed behind Swift's backside, and she appears to have shifted her hip away from him.
Following Melcher's appearance, McFarland rested his case, and Swift's attorney, J. Douglas Baldridge, did likewise. He said his side had "met our burden" through the testimony of all the witnesses already called by her adversary, including Swift herself.
The former disc jockey was seeking lost earnings and to clear his name, telling the court this week it was humiliating to be accused of "something so despicable."
