A San Francisco man who was seen having sexual relations with a BART seat was acquitted of indecent exposure charges, but was convicted of lewd conduct, which is a misdemeanor.
Leslie Bailey, 28, got into this mess on May 8, after he boarded a Dublin-Pleasanton bound train at San Francisco's 16th Street Station. Once on board the mostly empty train, Bailey sat in a seat in the front which abutted the operator's cab. The BART operator testified that when she looked back to see if it was safe to close the doors, she noticed Bailey on his knees, thrusting his hips into his BART seat.
Bailey, who appeared not to notice the operator, continued to rub against the seat until the train reached ... the Civic Center Station. He reportedly ran off the train, then rushed back on board just before the doors closed. Bailey walked back to his same preferred seat, where he gyrated on his stomach while his feet dangled into the aisle, according to the Public Defender's Office.
The operator testified that Bailey then rolled from his belly to his side and appeared to be masturbating and smoking crack cocaine simultaneously. She called dispatch who then alerted BART police of the one-man love fest.
Presumably satisfied by his ride, Bailey exited the train at the next stop, which was the Powell Street Station. Perhaps not feeling quite done, he reportedly walked up to the train operator's window, apologized for smoking on the train, and begged to let him back on BART. As he begged, Bailey's penis was partially exposed beneath his shirt, the operator said.
The BART operator told Bailey to beat it (as in scram). As he left, responding officers arrested Bailey, and found a crack pipe in his possession.
After one day of deliberations, the jury acquitted Bailey of the indecent exposure charge; the jury was hung on the second count of indecent exposure, and thus it was dropped by the DA this morning. Bailey was convicted of lewd acts, and was released from jail for his time served.
During the trial, Dahm argued that Bailey was not trying to direct public attention to himself, which is what is needed to convict someone of indecent exposure. In fact, Bailey's out-of-the-way seat choice, lack of eye contact or conversation with anyone, and efforts to remain hidden from everyone else served as evidence that the homeless man did not want others to witness his behavior, his attorney said.
"Mr. Bailey thought he was having a private moment -- unfortunately, he picked a really inappropriate place," Dahm said.
An expert in addiction and pharmacology also testified that Bailey had been prescribed anti-psychotic medication that he had not been regularly taking, not to mention he had been binging on cocaine which didn't help.
"High doses of cocaine cause delirium and can make users unaware of their surroundings and misperceive their own behavior," according to the testimony.
Well, at least someone's giving BART a little love.