Man acquitted of sex with BART seat

If you miss BART during the strike, this might make you miss it a bit less: A man accused of trying to make love to a train seat was acquitted of felony indecent exposure and released from San Francisco jail Monday.

Leslie Bailey, 28, was arrested May 8 shortly after a BART train operator saw him on on his knees in the nearly empty first car, thrusting his pelvis against a seat next to the cab.

Bailey, who boarded the Dublin-Pleasanton train at the 16th Street Station, exited at Civic Center but returned to his paramour just before the doors closed, according to the San Francisco public defender’s office. The operator testified that she then saw him gyrating on his stomach, his feet in the aisle, before he flipped over and began masturbating and smoking crack cocaine.

Bailey never acknowledged the operator while in the throes of passion, but noticed her once he exited at the Powell Street Station, the public defender’s office said. The operator testified that while Bailey apologized to her for smoking, his genitals were peeking out from beneath his shirt. BART police arrested him in the station and confiscated his crack cocaine pipe.

This isn’t the first time this sort of thing has happened on BART. In July, the amorous actions of a pair of passengers, posted online, aroused an official investigation.

Deputy Public Defender Emily Dahm, Bailey’s attorney, said the problem in this case was that her client had not been taking his anti-psychotic medication regularly. Plus, he was binging on crack cocaine.

She argued during the weeklong trial that Bailey, who is homeless, had been trying to have a private moment and not to attract public attention. To convict someone of felony indecent exposure, prosecutors must prove that the defendant was seeking attention.

According to court records, Bailey was convicted of felony indecent exposure in 2007 in San Francisco.

This time, the jury acquitted Bailey of one count of indecent exposure, deadlocked on a second count and convicted him of misdemeanor lewd acts. Prosecutors dismissed the remaining felony charge Monday.

Bailey was sentenced to time served and released. Public Defender Jeff Adachi said Bailey is now free to seek the mental health treatment he needs.

The district attorney’s office declined to comment.

It is unknown if the BART seat in question in this case was a newer, easier-to-clean model or an older cloth version.
sfgate

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