San Francisco man Leslie Bailey was released from jail Monday after he was caught having sex with a chair on a BART train back on May 8.
A BART train operator originally saw the 28-year-old on his knees in an empty car, thrusting his pelvis against a seat. He followed the act by masturbating and smoking crack cocaine while lying on the floor.
Bailey neglected to notice the operator until he exited onto the street. BART police then arrested him there and confiscated his crack cocaine pipe.
Deputy Public Defender Emily Dahm argued that Bailey had not taken his anti-psychotic medication regularly, which led to his behavior.
Dahm added that Bailey is homeless and simply tried to have a private moment. In order to convict him of indecent exposure, prosecutors would have had to prove the defendant was seeking attention.
"The law is very clear that indecent exposure requires making an effort to be seen,” Dahn said. “Mr. Bailey thought he was having a private moment—unfortunately, he picked a really inappropriate place.”
The jury convicted Bailey of misdemeanor lewd acts. He was sentenced to time served and released.
Back in 2007, Bailey was convicted of indecent exposure.