R. Budd Dwyer


Robert Budd Dwyer was an American politician who served as the 30th State Treasurer of the Commonwealth of Pennsylvania. He served from 1965 to 1971 as a Republican member of the Pennsylvania House of Representatives and from 1971 to 1981 as a member of the Pennsylvania State Senate representing the state's 50th district. Dwyer then served as the 30th Treasurer of Pennsylvania from January 20, 1981, to January 22, 1987, when he committed suicide during a live press conference.
In the early 1980s, Pennsylvania discovered its state workers had overpaid federal taxes due to errors in state withholding prior to Dwyer's administration. A multi-million-dollar recovery contract was required to determine the compensation to be given to each employee. In 1986, Dwyer was convicted
for accepting a bribe from the California firm that won the contract. He was found guilty on 11 counts of conspiracy, mail fraud, perjury, and interstate transportation in aid of racketeering, and was scheduled to be sentenced on January 23, 1987. On January 22, Dwyer called a news conference in the Pennsylvania state capital of Harrisburg where he fatally shot himself with a.357 Magnum revolver in front of reporters. Dwyer's suicide was broadcast later that day to a wide television audience across Pennsylvania.
Throughout Dwyer's trial and after his conviction, Dwyer maintained that he was not guilty of the charges for which he was convicted, and that his conviction resulted from political persecution. In 2010, the prosecution's main witness, William Trickett Smith, maintained that his testimony at Dwyer's 1986 trial—in which he stated that he offered Dwyer a bribe, and that Dwyer accepted this offer—was truthful, and that he had committed perjury at his own 1985 trial when he denied offering Dwyer a bribe; moreover, Smith stated in October 1984—the year before his own trial—that he offered Dwyer a bribe, which Dwyer accepted. In 2010, former U.S. Attorney James West, who prosecuted Dwyer, affirmed Dwyer's guilt, stating that "the evidence against Dwyer was overwhelming and indisputable". All posthumous appeals made by Dwyer's lawyers on Dwyer's behalf were denied, and his convictions were upheld.

Early life and education

R. Budd Dwyer was born on November 21, 1939 in St. Charles, Missouri. Dwyer graduated in 1961 with an A.B. in Political Science and Accounting from Allegheny College in Meadville, Pennsylvania, where he was a member of the Beta Chi chapter of Theta Chi Fraternity. After earning a master's degree in education in 1963, he taught social studies and coached football at Cambridge Springs High School.

Career

A Republican, Dwyer became active in politics. He was elected to the Pennsylvania House of Representatives from the 6th district in 1964 and was reelected in 1966 and 1968. In 1970, while still a sitting State Representative, Dwyer ran for a seat in the Pennsylvania State Senate from its 50th district and won. Shortly after his victory he resigned his seat in the State House and was sworn in as Senator in January 1971.
After being elected to additional terms in 1974 and 1978, Dwyer decided to try for a state office and in 1980 ran for and won the office of Pennsylvania Treasurer that had been held by Robert E. Casey since 1976. He ran for a second and last term in 1984 and won reelection to the seat.

Bribery investigation and conviction

From 1979 to 1981, before Dwyer was state treasurer, public employees of the Commonwealth of Pennsylvania overpaid millions of dollars in Federal Insurance Contributions Act taxes. As a result, the state required an accounting firm to determine refunds for its employees. The no-bid US$4.6 million contract was awarded to Computer Technology Associates, a California-based firm, owned by John Torquato, Jr, a native of Harrisburg, Pennsylvania, in May 1984. Later, Pennsylvania Governor Dick Thornburgh received an anonymous memo detailing allegations of bribery that occurred during the awarding of the contract. Upon learning that the FBI was investigating the circumstances of the awarding of the CTA contract, it was cancelled by Dwyer on July 11, 1984.
An investigation was undertaken by federal prosecutors. Dwyer allegedly tried to divert and forestall this investigation, stating that the US attorney had neither the authority nor evidence to pursue prosecution. Dwyer later admitted to telling his staff to withhold request for proposal information from the U.S. Attorney and the FBI during the investigation. Dwyer was finally charged with agreeing to receive a kickback of $300,000 in return for awarding CTA the contract. Prior to Dwyer's indictment, The U.S. Attorney indicted Torquato, Torquato's attorney William T. Smith, and Smith's wife. At Smith's 1985 trial, Smith testified that Torquato offered Dwyer a campaign contribution in return for the CTA contract, yet Dwyer rejected Torquato's offer. In contrast, Torquato testified that it was Smith who offered Dwyer $300,000 in return for the CTA contract. Dwyer, acting as a defense witness for Smith at Smith's trial, denied that he was offered any contribution at all; however, prior to Smith's trial, on October 27, 1984, Smith confessed to offering Dwyer a bribe, and stated that Dwyer accepted this offer.
However, Bob Asher, the then Republican Party Chairman for the State of Pennsylvania, objected to this, and requested that the $300 000 be directed entirely to the Republican State Committee, since Asher "did not want Dwyer to go to jail".
Dwyer, along with Asher, were indicted by a federal grand jury on May 13, 1986. In the hopes of reducing his twelve year sentence stemming from his 1985 conviction, Smith testified on behalf of the federal government against Dwyer and Asher at their 1986 trial. Ultimately, Smith did not receive any reduction in his sentence for testifying against Dwyer.
It was revealed at Dwyer's trial that he sought and won approval for special legislation—Act 38 of 1984 —that authorized him to recover the FICA overpayments, and that coded computer tape seized from CTA's office in July 1984 that showed that Dwyer was to receive a $300,000 pay-off for awarding CTA the contract; moreover, Smith and Torquato's claims about Dwyer being bribed were corroborated by four independent and impartial witnesses, "CTA Case heads to Jury" The Pittsburgh Press — December 13, 1986. and Smith's testimony against Dwyer was virtually identical to written statements Smith made long before entering into a plea agreement. Dwyer maintained that he awarded CTA the contract on the basis of his treasury task force recommendation, yet this conflicted with the fact that Dwyer personally handled all matters relating to the contract six days prior to awarding it to CTA; furthermore, his task force's contribution merely consisted in the making of a single phone call to David I. Herbert. Dwyer awarded the contract to CTA—an obscure California firm with three employees and little equipment—despite being informed in May 1984 by the major Pennsylvania-based accounting firm Arthur Young and Associates that they could perform the FICA recovery as fast as CTA for half the cost.
Charles Collins, Arthur Young's former director of Management Consulting in Pittsburgh, testified at Dwyer's trial that Arthur Young and Associates was prepared to negotiate the FICA recovery contract and that Dwyer was clearly aware of Arthur Young's position before committing the contract to CTA. Additionally, sixteen other competitors were willing to be considered for the FICA recovery contract and many had communicated with Treasurer Dwyer's office to request an opportunity to bid on the contract, yet Dwyer did not respond. Dwyer stated he awarded the contract to CTA on the basis of CTA's providing "immediate credit", yet the contract between CTA and Dwyer contained no information regarding CTA's ability to provide such credit; moreover, Dwyer admitted that he did not mention the concept of "immediate credit" to Arthur Young and Associates when officials from the firm asked why CTA was chosen over them.

Nevertheless, Dwyer denied any wrongdoing, stating that after the CTA contract was signed, Smith merely made a "generic" offer to help him with his campaign. Dwyer's lawyer spoke to the prosecutor, acting U.S. Attorney West, asking him if he would drop all charges against Dwyer if Dwyer resigned as state treasurer. West declined the offer. He instead offered to let Dwyer plead guilty to a single charge of bribe receiving, which would have meant up to a maximum of five years' imprisonment, as long as he resigned from his office as Treasurer of Pennsylvania and cooperated fully with the government's investigation, but Dwyer refused and went to trial. At his trial, Dwyer did not take the stand, and his lawyer, Paul Killion, presented no defense witnesses since he thought that the government did not sufficiently prove its case. It is possible that Dwyer did not testify in his own defense since he did not want to be questioned regarding his involvement in a 1980 conspiracy in which he allegedly siphoned money from his campaign into his personal funds.
On December 18, 1986, Dwyer was found guilty on 11 counts of conspiracy, mail fraud, perjury and interstate transportation in aid of racketeering, and consequently faced a sentence of up to 55 years imprisonment and a $300,000 fine. His sentencing was scheduled for January 23, 1987, to be performed by U.S. District Court Judge Malcolm Muir. One mail-fraud charge against Dwyer was dismissed by Judge Muir. One juror, Carolyn Edwards of Williamsport, found it emotionally difficult to convict Dwyer since they were men of "very high integrity... they just made a mistake". Bob Asher, Dwyer's co-defendant, was sentenced to one year in jail. He later returned to politics and served as a Republican national committeeman for Pennsylvania.

Dwyer's status as state treasurer

Pennsylvania law stated that Dwyer could not officially be removed from office until his sentencing in January. Given this, Dwyer stated that until his legal appeal was resolved, he would stay on as Treasurer under leave of absence without pay and would not resign before having the opportunity to appeal his conviction. In the interim, the treasury department would be run by Deputy Treasurer Donald L. Johnson.
Dwyer continued to profess his innocence after being convicted, as did others close to him. On December 23, he wrote a letter to President Ronald Reagan seeking a presidential pardon, and to Senator Arlen Specter seeking support in this effort.
The week of Dwyer's sentencing, Pennsylvania State Attorney General LeRoy Zimmerman and state prosecutors were investigating a provision of the Pennsylvania state constitution where removal of a civil worker from office who has been convicted of a crime is "self-executing", thus, automatic upon that person's sentencing. A decision confirming this constitutional point was expected on January 22, the day before Dwyer's sentencing hearing.

Public suicide

In a meeting in his home, Dwyer discussed the idea of a press conference with his press secretary James "Duke" Horshock and Deputy Treasurer Don Johnson, on January 15, 1987. At the time, Johnson cautioned Dwyer not to use such a forum to attack the governor or other individuals involved with his criminal conviction, and Dwyer assured him that he would not do so. Both men left assuming Dwyer would ultimately resign if the press conference were held.
Dwyer finally reached Senator Specter by telephone on January 21, two days before his sentencing. A Specter aide stated that the two of them talked for 8 to 10 minutes. Following up on his letter to the senator asking for help, he personally wrote to President Ronald Reagan asking for a presidential pardon. In his letter, Dwyer once again professed his innocence and stated that the concept of immediate credit was not understood by the uneducated, unsophisticated "rural" jury at his trial. The senator responded that this request to President Reagan was "not realistic" because the judicial process, including appeals, had not yet run its course.
On the same day, Dwyer asked his press secretary Horshock and deputy press secretary Gregory Penny to set up a news conference for the next day without telling them what he was to discuss. Horshock arranged the press conference for 10:30 a.m. EST the next day, January 22. The press secretary called dozens of reporters asking them to attend, and told them he did not know its subject.
Initially, Dwyer wanted to ban certain reporters from the press conference who he believed wrote biased accounts about him and even suggested that a guard should be in attendance to prevent entry to those who were not on his authorized list. Horshock, who was unconvinced about Dwyer's claims that he was being conspired against, objected, stating to Dwyer that he could not "use state government facilities to manipulate the free flow of information".
Leading up to the press conference, acting U.S. Attorney West, who had secured the conviction against Dwyer, remarked that the Treasurer's resignation "sounds like the appropriate thing to do under the circumstances. It seems like it would save everybody a lot of time and aggravation." Similarly, Harrisburg Patriot-News reporter Kenn Marshall described the consensus among reporters: they would be attending to see Dwyer announce his resignation from office. "My mission was to stay there until he said those words, then call in a new top for our story."
The night before the press conference, Dwyer wrote the following note:

Dwyer's press statement

The next morning, Dwyer went to his press conference as planned. Appearing nervous and agitated, he again professed his innocence and began reading from a 21-page prepared text later described as a "rambling polemic about the criminal justice system". It singled out former Governor Thornburgh, Acting U.S. Attorney West, agents in the FBI, Judge Muir, and others for tarnishing the justice system and ruining him. Dwyer stated that Attorney West purposely had Dwyer's trial not in Harrisburg but in Williamsport, since in Williamsport the jury pool was the most uneducated in the state of Pennsylvania. Dwyer spoke out against the death penalty and expressed regret for voting in favor of it while he was in the Pennsylvania assembly. This speech lasted nearly 30 minutes, and approximately halfway into it, with no apparent end in sight, some of the gathered press began to pack up and leave. Dwyer spotted this and interrupted himself to say, "Those of you who are putting your cameras away, I think you ought to stay because we're not, we're not finished yet."
Given the inflammatory nature of portions of Dwyer's text, press secretary Horshock had considered interrupting him outright to stop him but concluded that he would hold his own press conference after Dwyer's. "I had to make it known that I was not aware of the content of the statement. I didn't want it to be thought that I wrote that for him."
Upon reaching the final page of his statement, which had not been distributed to the press nor press secretary Horshock in advance, Dwyer paused. "...and I'm on the last page now, and I don't have enough to pass out, but Duke , I'll leave this here, and you can make copies for the people; there's a few extra copies here right now." Dwyer continued,
At this point, Dwyer stopped reading from his prepared remarks, with the gathered press still waiting on his expected resignation. There was still a significant portion remaining, which detailed what he was actually planning to do, and it read as follows:
After deciding to break from his speech, Dwyer called to three of his staffers, giving each a sealed envelope with the insignia of the treasury department. The first envelope, given to Bob Holste, contained a letter addressed to then-Pennsylvania Governor Bob Casey, who had taken office just two days earlier. The second, given to deputy press secretary Gregory Penny, contained an organ donor card and other related materials. The last, given to Deputy Treasurer Don Johnson, contained materials intended for Dwyer's family, including three letters: one for his wife Joanne, and one for each of his children, Rob and DeeDee, and suggested funeral arrangements.
Freelance photographer Gary Miller, one of the reporters in attendance, described the scene at this point, stating: "It was just kind of a long-winded, sad event."

Suicide

After he had finished speaking and handing out the notes to his staffers, Dwyer then produced a manila envelope with either a Smith & Wesson Model 27 or Model 19.357 Magnum revolver in it. When the crowd in the room saw what Dwyer had pulled out of the envelope, the mood changed immediately from one of waiting to see whether he would resign his office to one of panic as nobody knew what he was planning to do with the gun. People gasped, and Dwyer backed up against the wall, holding the weapon close to his body. Dwyer calmly stated to his audience, "Please, please leave the room if this will... if this will affect you."
Some people in the room left to call for help. Among those who stayed, some pleaded with Dwyer to surrender the gun while others tried to approach him and seize the weapon. Dwyer warned against either action, exclaiming in his final words, "Don't, don't, don't, this will hurt someone. Sit down.” A moment later, Dwyer quickly fired one shot through the roof of his mouth and into his brain, and collapsed to the floor, dead. Five news cameras recorded the events. One of the cameras remained focused on Dwyer and captured close up footage of the aftermath of the shooting; as his body slumped, blood streamed from the exit wound in the back of his head as well as from his nostrils and mouth. Horshock took the podium and asked the media to leave and for someone to call for medical assistance and the police.
Dwyer died instantly from the gunshot shortly before 11:00 a.m. EST but was not pronounced dead until 11:31 a.m. An aide later stated that Dwyer's corneas were made available for transplant per his organ donation wishes, but that no other organs were usable by the time his body reached a hospital.

Graphic footage and television media

Many television stations throughout Pennsylvania broadcast taped footage of Dwyer's suicide to a midday audience. Philadelphia station WPVI showed Dwyer pulling the trigger and falling backwards, but did not show the bullet path. Over the next several hours, news editors had to decide how much of the graphic footage to air. Many chose not to air the final moments of the suicide and WPVI also chose not to show the gunshot a second time.
Many stations, including WCAU and Pennsylvania's Group W stations KYW and KDKA, froze the action just before the gunshot. However, the latter two allowed the audio of the shooting to continue under the frozen image. Group W's news cameraman William L. "Bill" Martin and reporter David Sollenberger had a camera set up at the conference. They chose to air the audio with a freeze-frame of the gun in Dwyer's mouth. Only a handful aired the unedited press conference. WPVI in Philadelphia re-broadcast the suicide footage in full on their 5 p.m. and 6 p.m. Action News broadcast without warning the viewers. That station's broadcast is a source for copies circulating on the Internet. WPXI in Pittsburgh is reported by the Associated Press to have broadcast the footage uncensored on an early newscast. In explaining the decision to air, WPXI operations manager By Williams said, "It's an important event an important man." Williams avoided airing the footage in the evening newscasts, explaining, "Everyone knows by then that he did it. There are children out of school." However, in central Pennsylvania, many children were home from school during the day of Dwyer's suicide due to a snowstorm. Harrisburg TV station WHTM-TV opted to broadcast uncut video of the suicide twice that day, defending the decision due to the important nature of the story.
Many older students reacted to the event by creating black comedy jokes similar to those that circulated after the Challenger disaster. A study of the incidence of the jokes showed that they were told only in areas where stations showed uncensored footage of the press conference. At least one reporter present at Dwyer's suicide suffered from being a witness. Tony Romeo, a radio reporter, was standing a few feet from Dwyer. After the suicide, Romeo developed depression and took a break from journalism.

Letter to Governor Bob Casey

Dwyer's deep mistrust of outgoing Republican Governor Thornburgh was spelled out in detail in his press conference statement. The timing of Dwyer's press conference and suicide meant that Thornburgh was not empowered to appoint a Treasurer to replace him. Instead, this fell to Thornburgh's successor, Democrat Bob Casey, who had taken office on January 20.
The letter Dwyer had sent to Casey stated, among other things, "By the time you receive this letter... the office of State Treasurer of Pennsylvania will be vacant. I stress to you that I did not resign but was State Treasurer of Pennsylvania to the end." It also stated that Casey "will be the great Governor that Pennsylvania needs at this time in our history." He suggested his wife Joanne as his successor, describing her as "very talented, personable, organized and hard-working."
Governor Casey did not take Dwyer's suggestion. Regardless of the events of January 22, the governor and legislature of Pennsylvania already expected Dwyer to either resign or be removed from office. As such, a deal had already been brokered wherein the next treasurer, a Democrat, would serve out Dwyer's term and step down at its end. This was G. Davis Greene Jr., who was appointed as the 31st Treasurer of Pennsylvania on January 23, 1987, the day after Dwyer's suicide.

Response to allegations made by Dwyer in his final press statement

Following Dwyer's public suicide, the National Association of State Treasurers called for Dwyer's allegations to be reviewed by the United States Department of Justice. After a thorough investigation, the Justice Department's Office of Professional Responsibility cleared attorney James West and everyone else involved in Dwyer's investigation and prosecution, of any wrongdoing. The FBI also investigated Dwyer's claims regarding impropriety on behalf of FBI personnel. They ultimately found Dwyer's claims to be "lacking in substance and specificity" and warranting no further action.

Death benefits

Since Dwyer died in office, his widow Joanne was able to collect full survivor benefits totaling over $1.28 million, which at the time was the largest death benefit payment ever made by the state system. If Dwyer had been sentenced, state law would have prohibited the payment of his state-provided pension benefits. A spokesman for Dwyer suggested that he may have killed himself to preserve the pension benefits for his family, whose finances had been ruined by legal defense costs. Other statements made by friends and family also suggest that this was Dwyer's motivation.

Appeals

On January 27, 1987, Dwyer's lawyers filed an appeal in the U.S. District Court for the Middle District of Pennsylvania seeking the dismissal of all post-trial motions that were then pending against Dwyer, abatement of Dwyer's conviction and the dismissal of his May 13, 1986 indictment. On March 5, 1987, the district court denied all motions, and ordered to "close this file as to R. Budd Dwyer." Dwyer's lawyers appealed this decision, and The US Court of Appeals for the Third Circuit subsequently vacated the judgement. On remand, the district court was instructed to dismiss Dwyer's motions and Dwyer's convictions for mail fraud and conspiracy were upheld. Six years after Dwyer's death, efforts were made to clear Dwyer's name when a retrial request was filed in U.S. District Court in July 1993. This request was denied in October of the same year.

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