Which one of you was this?
Posted: Tue Apr 22, 2014 12:07 am
Conviction upheld in sex act with BART seat
That...probably isn't going to be a winning argument.The man accused of trying to make love to a BART train seat was rightfully convicted of lewd conduct, a state appeals court ruled Monday.
Bailey was arrested May 8, 2013 shortly after BART train operator Lori Hudson saw him on on his knees in the nearly empty first car, thrusting his pelvis against a seat next to the cab. He was described as wearing either red thong underwear or boxer shorts.
Bailey, who boarded the Dublin-Pleasanton train at the 16th Street station, exited at Civic Center but returned to the seat of his affections just before the doors closed. Hudson 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.
In a recording of the encounter that was captured on BART police Officer Jeffrey Zwetsloot’s collar-mounted camera, “Bailey denied masturbating and claimed to be by the elevator because it was a convenient place to urinate. There was, however, no urine on the floor,” Judge Steven Brick of Alameda County Superior Court wrote in the 3-0 ruling that found no arguable issues on appeal.