Red Line Rider Charged with Open and Gross Lewdness

BOSTON, Jan. 24, 2014—A Quincy man was arraigned today on charges he committed a lewd act onboard a Red Line train earlier this week, District Attorney Daniel F. Conley said.

JAMES COX (D.O.B. 10/19/68) of Quincy was arraigned in South Boston District Court today on two counts of open and gross lewdness.  Assistant District Attorney William Champlin requested that Cox’ bail be set at $5,000, that his open bail on two Brookline shoplifting cases be revoked, and that he be ordered to stay out of South Boston and away from all MBTA property and have no contact with any witness connected to the case in the event that he is released on bail.  Judge Michael Bolden imposed $150 bail and granted the requested conditions of release.

Champlin told the court that MBTA Transit Police were contacted on Tuesday by a 23-year-old woman who said she boarded a Red Line train at Quincy Center Station at approximately 2:00 that afternoon.  A man later identified as Cox also boarded the train at the station and sat next to her before moving to a seat across from her.  A male passenger soon took the seat next to the woman and showed her a message on his phone, informing her that Cox was masturbating as he stared at her, prosecutors said.

The woman shouted at the defendant, who was then seen wiping a substance from his hand onto an empty seat, prosecutors said.  He exited the train at Broadway Station.

The male witness sent the woman a photo he had taken of Cox on his phone.  Through the course of their investigation, Transit Police identified a woman known to Cox, who positively identified the defendant as the man seen in the photo taken by the witness, prosecutors said.

Officers met with Cox at his apartment, where he identified himself in the image.  During a post-Miranda interview at Transit Police Headquarters, Cox allegedly made statements first indicating that he was not masturbating but in fact had crabs and was scratching himself, but later admitting to masturbating.

Cox is represented by Arnold Cohen.  He will return to court on Feb. 18.

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.