Robert J. Geary - Page 3




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          presence in the city's neighborhoods" and "encouraged [police                
          officers] to engage in responsible, creative ways to make the                
          community safer and more attractive."                                        
               After attending a course on the Patrol Program at the police            
          academy, petitioner purchased a ventriloquist dummy/puppet.                  
          Petitioner named the puppet Officer Brendan O'Smarty                         
          (Officer O'Smarty) and outfitted him in a San Francisco                      
          Police Department uniform complete with badge2 and water pistol.             
          Petitioner began to patrol his beat with Officer O'Smarty in                 
          1991.                                                                        
               Petitioner patrolled the North Beach District of San                    
          Francisco, an area with a multicultural mix of people speaking               
          several different languages.  Petitioner felt that a                         
          ventriloquist puppet such as Officer O'Smarty helped petitioner              
          improve his working relationship with residents of North Beach by            
          making petitioner more approachable and less forbidding.                     
               Though petitioner's supervisors at the police department                
          initially permitted petitioner and Officer O'Smarty to patrol                
          together "for a year or so", they later ordered petitioner to                
          stop taking Officer O'Smarty on patrol.  Petitioner met with                 
          police officials in an attempt to get the order rescinded but was            
          only partially successful.  The Chief of Police of the San                   
          Francisco Police Department modified the order, but petitioner               


          2    Petitioner issued Officer O'Smarty badge No. �.                         




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