S.F. Examiner file photoA man accused of indecent exposure on BART escaped more serious punishment last week when a jury found him guilty of the lesser crime of lewd exposure after having carnal knowledge with a BART seat.

S.F. Examiner file photoA man accused of indecent exposure on BART escaped more serious punishment last week when a jury found him guilty of the lesser crime of lewd exposure after having carnal knowledge with a BART seat.

Man found not guilty of felony indecent exposure for BART seat encounter

He didn't mean to rub anyone the wrong way.

A man who had sexual relations with a BART seat was found not guilty of indecent exposure last week because, according to the Public Defender's Office, he did not mean for anyone to witness his behavior.

Leslie Bailey, 28, was arrested May 8 after an operator reported seeing him making sweet love to a seat on a sparsely occupied train.

During a weeklong trial that ended Thursday, Bailey's attorney, Deputy Public Defender Emily Dahm, persuaded a San Francisco jury that her client should not be convicted of felony indecent exposure because he was not trying to draw the public's attention with his actions.

Bailey was instead convicted of lewd acts, a misdemeanor, and was released from custody Monday.

The Public Defender's Office said the jury's decision was fair because in order to be convicted of felony indecent exposure, the perpetrator must intend to have an audience.

Bailey is a homeless drug addict who not only could not control himself, but had also made efforts to remain hidden from public view, his attorney argued.

The incident unfolded during the middle of the day, after Bailey reportedly boarded an eastbound train at the 16th Street station. The sexual antics with the seat began immediately, the train operator said.

At the Civic Center station, Bailey ran off the train and then rushed back onboard just before the doors closed. He returned to his seat and engaged in other sexual acts, the Public Defender's Office said, including masturbation. Bailey also was seen smoking crack.

The operator notified dispatch about the behavior, but the lewdness continued. Bailey exited at the Powell Street station, ran to the operator's window and apologized for smoking crack while begging to get back on the train. All the while, authorities said, Bailey's penis was partially exposed beneath his shirt.

BART police responded, arrested Bailey and found him in possession of a crack pipe.

The jury deliberated for about a day before acquitting Bailey of the felony charge.

“Mr. Bailey thought he was having a private moment; unfortunately, he picked a really inappropriate place,” Dahm said.

Public Defender Jeff Adachi said Bailey was having a mental health crisis and needs medical help, not jail time.

BARTBay Area NewsCrimeCrime & CourtsLeslie BaileySan Francisco Public Defender's Office

If you find our journalism valuable and relevant, please consider joining our Examiner membership program.
Find out more at www.sfexaminer.com/join/

Just Posted

The sidewalk on Egbert Avenue in the Bayview recently was cluttered with car parts, tires and other junk. <ins>(Kevin N. Hume/The Examiner)</ins>
New surveillance effort aims to crack down on illegal dumping

’We want to make sure we catch people who are trashing our streets’

The recall election for California Gov. Gavin Newsom is scheduled for Sept. 14. (Kevin N. Hume/The Examiner)
SF could play a big role in overcoming Democrat apathy, driving voter turnout for Newsom

San Francisco voters are not used to swaying elections. Just think of… Continue reading

Health care workers treat a Covid-19 patient who needs to be intubated before being put on a ventilator at Providence St. Mary Medical Center during a surge of cases in Apple Valley, Dec. 17, 2020. Confronted with surging infections, California became the first state in the country to mandate coronavirus vaccines or testing for state employees and health-care workers. (Ariana Drehsler/The New York Times)
In California, a mix of support and resistance to new vaccine rules

By Shawn Hubler, Livia Albeck-Ripka and Soumya Karlamangla New York Times SACRAMENTO… Continue reading

Dave Hodges, pastor at Zide Door, the Church of Entheogenic Plants that include marijuana and psilocybin mushrooms, holds some psychedelic mushrooms inside the Oakland church on Friday, July 22, 2021. (Kevin N. Hume/The Examiner)
Psychedelic spirituality: Inside a growing Bay Area religious movement

‘They are guiding us into something ineffable’

Most Read