Butt-Grope Case: Swift Claims Mueller Destroyed Evidence

Taylor Swift

Taylor Swift’s legal team has filed paperwork claiming former KYGO 98.5 FM Morning cohost David Mueller destroyed and lost “critical evidence” constituting “sanctionable spoliation.”

According to the motion (obtained by PEOPLE), Mueller “surreptitiously recorded the entire two hours of his June 3, 2013 meeting with KYGO personnel, which was conducted as part of KYGO’s independent investigation into Plaintiff’s groping of Ms. Swift during a pre-concert meet and greet” but “conveniently preserved a few short, handpicked excerpts.”

Swift’s legal team claims in the motion Mueller destroyed the evidence on multiple devices — including two laptops, an iPad, a cell phone and a hard drive — “after Mueller was contemplating litigation.”

“The destruction of critical evidence … rises to the level of bad faith and in adverse inference instruction to the jury at trial that the entirety of the audio recording would have been unfavorable to Mueller is warranted,” states the motion.

Last February, Mueller filed an amended complaint that added two slander claims to his original suit, in which he claimed Swift’s statements stating he sexually assaulted her are false and have harmed his reputation.

Mueller originally lost his job as a radio host at KYGO in 2013 but didn’t sue the singer until September 2015. One month later, Swift, 27, filed a counter suit against Mueller, stating in legal docs she “will serve as an example to other women who may resist publicly reliving similar outrageous and humiliating acts.”

In her suit, Swift alleged Mueller and his girlfriend were participating in her meet-and-greet when the host “intentionally reached under her skirt, and groped with his hand an intimate part of her body in an inappropriate manner, against her will, and without her permission.”