{{short description|American politician (1939–1987)}} {{redirect-distinguish|Budd Dwyer|Buddy Dyer}} {{Use mdy dates|date=January 2022}} {{Use American English|date=August 2024}} {{Infobox officeholder | name = R. Budd Dwyer | image = R. Budd Dwyer (cropped).jpg | caption = Dwyer, {{circa|1977}} | alt = Black-and-white photograph of Dwyer smiling | order = 70th | office = Treasurer of Pennsylvania | term_start = January 20, 1981 | term_end = January 22, 1987 | governor = {{ubl|[[Dick Thornburgh]]|[[Bob Casey Sr.]]}} | predecessor = [[Robert E. Casey]] | successor = [[G. Davis Greene Jr.]] | state_senate2 = Pennsylvania | district2 = [[Pennsylvania Senate, District 50|50th]] | term_start2 = January 5, 1971 | term_end2 = January 20, 1981<ref>{{cite web |last=Cox |first=Harold |title=Pennsylvania Senate – 1981–1981 |work=[[Wilkes University Election Statistics Project]] |publisher=Wilkes University |year=2004 |url=http://staffweb.wilkes.edu/harold.cox/legis/165S.pdf}}</ref> | predecessor2 = [[James E. Willard|James Willard]] | successor2 = [[Roy Wilt]] | constituency3 = [[Pennsylvania House of Representatives, District 6|6th district]] | term_start3 = January 7, 1969 | term_end3 = November 30, 1970 | predecessor3 = ''District created'' | successor3 = [[H. Harrison Haskell, II|Harrison Haskell]] | term_start4 = January 5, 1965 | term_end4 = November 30, 1968 | predecessor4 = | successor4 = | birth_name = Robert Budd Dwyer | birth_date = {{Birth date|1939|11|21|mf=y}} | birth_place = [[St. Charles, Missouri]], U.S. | death_date = {{Death date and age|1987|01|22|1939|11|21}} | death_place = [[Harrisburg, Pennsylvania]], U.S. | death_cause = [[#Suicide|Suicide by gunshot]] | known_for = Committing [[suicide]] during a filmed press conference after being convicted of accepting a bribe | spouse = {{marriage|Joanne Grappy|1963}} | party = [[Republican Party (United States)|Republican]] | children = 2 | alma_mater = [[Allegheny College]] | profession = Politician, teacher | module = {{Infobox criminal | child = yes | fatalities = 1 (himself) | conviction = * [[Mail fraud]] (5 counts) * [[Racketeering]] (4 counts) * [[Perjury]] * [[Criminal conspiracy|Conspiracy]] to commit bribery<ref name="Zimmerman"/> | apprehended = October 22, 1984 | criminal_status = Deceased }} | office3 = Member of the [[Pennsylvania House of Representatives]] | constituency4 = [[Crawford County, Pennsylvania|Crawford County district]] }} '''Robert Budd Dwyer''' (November 21, 1939 – January 22, 1987) was an American politician who served as the 70th [[treasurer of Pennsylvania]] from 1981 until his suicide in 1987. A member of the [[Republican Party (United States)|Republican Party]], he previously served in the [[Pennsylvania House of Representatives]] and the [[Pennsylvania State Senate]] from 1971 to 1981, representing the state's [[Pennsylvania Senate, District 50|50th district]].
During the early 1980s, Pennsylvania tax revenue accountants discovered that its state workers had overpaid federal taxes due to errors in state withholding before Dwyer's administration. A multimillion-dollar recovery contract was required to determine the compensation to be given to each employee. In 1986, Dwyer was convicted of accepting a bribe from Computer Technology Associates, a small [[California]]-based data processing company, to award them the contract over more experienced and less expensive competitors. Pennsylvania would have lost $6,000,000 had the scheme been successful.<ref name="USvsSmith">{{cite web |title=789 F.2d 196 |url=https://law.resource.org/pub/us/case/reporter/F2/789/789.F2d.196.html |website=law.resource.org}}</ref> He was found guilty on 11 counts of [[conspiracy]], [[Mail and wire fraud|mail fraud]], [[perjury]], and interstate transportation in aid of [[racketeering]], and was scheduled to be sentenced on January 23, 1987.<ref>{{cite news |work=Associated Press |url=https://apnews.com/article/6cffa3fdd182b37efd86fa3b18677837 |title=Six Years After Suicide, New Trial Sought To Clear Budd Dwyer |date=26 July 1993 |access-date=22 January 2022}}</ref> The day before his sentencing, Dwyer arranged a press conference in his office in the Pennsylvania Finance Building, during which he fatally shot himself with a [[.357 Magnum]] revolver in the presence of reporters. Dwyer's suicide was broadcast to many television viewers throughout Pennsylvania and the Delaware Valley.
Dwyer maintained his innocence until his death. His lawyers made posthumous appeals on his behalf, but all were denied, and his convictions were sustained.<ref name=USvDwyer>{{cite web |url=https://law.justia.com/cases/federal/district-courts/FSupp/654/1254/1690114/ |title=United States v. Dwyer, 654 F. Supp. 1254 (M.D. Pa. 1987) |website=Justia Law |language=en |access-date=January 17, 2020}}</ref><ref name=DwyerAppeal>{{cite web |url=https://law.justia.com/cases/federal/appellate-courts/F2/855/144/372541/ |title=United States of America v. Dwyer, R. Budd, Appellant, 855 F.2d 144 (3d Cir. 1988) |website=Justia Law |language=en |access-date=January 17, 2020}}</ref> Along with [[Barbara Hafer]] and [[Rob McCord]], Dwyer is one of three former Pennsylvania State treasurers to be convicted of corruption since the 1980s.<ref>{{cite web |url=https://www.post-gazette.com/news/state/2017/10/31/Barbara-Hafer-sentencedlying-about-payments-FBI-former-treasurer/stories/201710310171 |title=Former Pennsylvania treasurer Barbara Hafer sentenced for lying to FBI}}</ref><ref>{{cite web |url=https://www.pennlive.com/news/2016/07/not_again_barbara_hafer_is_the.html |title=Not again! Barbara Hafer is the third state treasurer to be indicted since the '80s |date=July 21, 2016}}</ref><ref>{{cite web |url=https://www.inquirer.com/philly/news/rob-mccord-sentencing-harrisburg-corruption-richard-ireland-20180827.html |title=Day of reckoning: Disgraced ex-Pa. Treasurer Rob McCord faces possible jail time|date=August 27, 2018 }}</ref>
==Early life and education== Robert Budd Dwyer was born on November 21, 1939, in [[St. Charles, Missouri]], to Robert Malcolm Dwyer (1899–1980) and Alice (née Budd; 1907–1972) Dwyer.<ref name=rosefh>{{cite web |title=Robert M. Dwyer July 4, 1899 — January 3, 1980 |url=https://www.rosefh.com/obituaries/robert-m-dwyer |website=www.rosefh.com}}</ref><ref>{{cite web |title=Alice M. Dwyer May 16, 1907 — June 21, 1972 |url=https://www.rosefh.com/obituaries/alice-m-dwyer |website=www.rosefh.com}}</ref><ref name="DeptGenServices" /> He had one younger sister named Mary (b. 1943).<ref name="rosefh" /> He graduated in 1961 with an A.B. in Political Science and Accounting from [[Allegheny College]]<ref name="DeptGenServices">{{Cite book |last=Department of General Services |url=https://books.google.com/books?id=q_9KAQAAMAAJ&q=%22Budd+Dwyer%22+%22November+21,+1939%22 |title=The Pennsylvania Manual |date=1972 |publisher=Pennsylvania Bureau of Publications |volume=101 |page=110}}</ref> in [[Meadville, Pennsylvania]], where he was a member of the Beta Chi chapter<ref>{{cite web |url=https://www.thetachi.org/beta-chi |title=Beta Chi |website=Theta Chi.org |access-date=January 17, 2020}}</ref> of [[Theta Chi]] fraternity.<ref name="DeptGenServices" /><ref name="Honest Man">{{cite web |url=http://dwyermovie.com/ |title=Honest Man: The Life of R.Budd Dwyer (documentary movie) |year=2010 |website=Eighty Four Films}}</ref> After earning a [[master's degree]]<ref name="DeptGenServices" /> in education<ref name="Honest Man" /> in 1963,<ref name="DeptGenServices" /> he taught social studies and coached [[American football|football]]<ref name="McHugh">{{Cite book |url=https://books.google.com/books?id=KQHaCwAAQBAJ&pg=PT30 |title=Political Suicide: Missteps, Peccadilloes, Bad Calls, Backroom Hijinx, Sordid Pasts, Rotten Breaks, and Just Plain Dumb Mistakes in the Annals of American Politics |last=McHugh |first=Erin |date=April 15, 2016 |publisher=Pegasus Books |isbn=978-1-68177-117-5 |page=30 |language=en}}</ref> at [[Cambridge Springs, Pennsylvania|Cambridge Springs High School]].<ref name="Honest Man" />
==Career== ===Pennsylvania Assembly=== [[File:R. Budd Dwyer Pennsylvania House Portrait.jpg|thumb|170px|left|Dwyer, {{circa|1965}}]] [[File:R. Budd Dwyer with Gerald Ford.jpg|thumb|Dwyer with [[President of the United States|U.S. president]] [[Gerald Ford]], {{Circa|1977}}]] Dwyer became active in politics and was a member of the [[Republican Party (United States)|Republican Party]].<ref name="McHugh" /> He was elected to the [[Pennsylvania House of Representatives]] from the [[Pennsylvania House of Representatives, District 6|6th]] district (although seats were apportioned by county before 1969) in 1964 and was reelected in 1966 and 1968.<ref>{{cite web |url=http://staffweb.wilkes.edu/harold.cox/legis/D.html |title=House Members "D" |website=Wilkes University Election Statistics Project |access-date=January 17, 2020}}</ref> In 1970, while still a State Representative, Dwyer campaigned to become a [[Pennsylvania State Senate|Pennsylvania State Senator]] for the Senate's 50th district, and won.<ref name="wilkes">{{cite web |url=http://staffweb.wilkes.edu/harold.cox/legis/SD.html |title=Senate Members "D" |website=Wilkes University Election Statistics Project |access-date=January 17, 2020}}</ref> Soon after his victory he resigned as Representative and was sworn in as Senator in January 1971.<ref name="wilkes" /> Dwyer also was a delegate to the [[1976 Republican National Convention]].<ref>{{Cite web |title=Dwyer Final Statements p. 35 |url=https://www.dropbox.com/scl/fi/soyyc1ff1ljep1d49zpuo/Dwyer_Final_Statements.pdf?rlkey=j648455x419pnxxipzjom4g5a&e=1&dl=0 |access-date=2024-06-15 |website=www.dropbox.com}}</ref>
===Pennsylvania Treasurer=== [[File:R. Budd Dwyer Treasurer Painting.jpg|thumb|Official portrait painting of Dwyer as the [[treasurer of Pennsylvania]]]] After being elected to two additional terms in 1974 and 1978,<ref name="wilkes" /> Dwyer decided to try for a statewide office and in [[1980 Pennsylvania State Treasurer election|1980]] campaigned for and won the office of [[Pennsylvania Treasurer]]<ref name="Honest Man" /> which had been held by [[Robert E. Casey]] (not to be confused with [[Governor of Pennsylvania]] [[Bob Casey Sr.|Robert P. Casey]]) since 1976.<ref>{{cite web |url=https://www.fandm.edu/uploads/files/218862118495841122-1996-row-office-elections.pdf |title=1996 Row Office Elections |last1=Madonna |first1=G. Terry |last2=Yost |first2=Berwood |website=Franklin and Marshall College}}</ref><ref>{{cite web |url=https://www.ourcampaigns.com/RaceDetail.html?RaceID=548956 |title=PA Treasurer Race – Nov 04, 1980 |website=Our Campaigns.com |access-date=January 17, 2020}}</ref> He campaigned for a second and last term in [[1984 Pennsylvania State Treasurer election|1984]] and won re-election, defeating Democratic nominee and former auditor general [[Al Benedict]].<ref name="Honest Man" /> Dwyer stated that his Treasury administration "transformed the Department from a financial antique into one of the most modern in the nation, earning and saving hundreds of millions of dollars each year."<ref>{{Cite web |title=Dwyer Final Statements p. 16 |url=https://www.dropbox.com/scl/fi/soyyc1ff1ljep1d49zpuo/Dwyer_Final_Statements.pdf?rlkey=j648455x419pnxxipzjom4g5a&e=1&dl=0 |access-date=2024-06-15 |website=www.dropbox.com}}</ref>
==CTA scandal and bribery conviction== ===Background=== From 1979 to 1981, before Dwyer was state treasurer, public employees of the [[Pennsylvania|Commonwealth of Pennsylvania]] overpaid millions of dollars in [[Federal Insurance Contributions Act]] (FICA) taxes.<ref name="Honest Man" /><ref name="nytimes1984-08-26">{{Cite news |url=https://www.nytimes.com/1984/08/26/us/pennsylvania-aide-focus-of-scandal.html |title=Pennsylvania Aide Focus of Scandal |date=August 26, 1984 |work=[[The New York Times]] |access-date=January 17, 2020 |language=en-US |issn=0362-4331}}</ref> As a result, the state required an accounting company to determine refunds for its employees.<ref name="nytimes1984-08-26"/> Dwyer awarded the no-bid $4.6 million contract to Computer Technology Associates (CTA), a [[California]]-based data processing company, owned by [[John Torquato Jr.]], a native of Harrisburg, Pennsylvania, on May 10, 1984.<ref name="nytimes1984-08-26" />
===Investigation=== During early 1984, Dennis Schatzman, [[comptroller|deputy comptroller]] of [[Pittsburgh Public Schools]], noticed financial discrepancies in the CTA contract, and wrote to Pittsburgh school officials regarding these.<ref>{{Cite news |last=Carpenter |first=Mackenzie |date=July 18, 1997 |title=Columnist famed for defending O.J. |url=https://www.newspapers.com/clip/16361817/pittsburgh-post-gazette/ |newspaper=[[Pittsburgh Post-Gazette]] |page=42}}</ref><ref>{{Cite news |last=Rosenberger |first=J. E. |date=July 27, 1984 |title=Dwyer admits at CTA meeting |url=https://news.google.com/newspapers?nid=djft3U1LymYC&dat=19840727&printsec=frontpage&hl=en |access-date=2024-02-01 |work=The Pittsburgh Press |via=Google News}}</ref> Schatzman later contacted officials of the accounting company [[Ernst & Young|Arthur Young and Associates]], who confirmed that the no-bid CTA contract was overpriced by millions of dollars.<ref name="Keisling 2003">{{cite book |first=William |last=Keisling |date=2003 |title=The Sins of Our Fathers |edition=2011 |publisher=Yardbird Books |isbn=978-0-9620-2510-5}}</ref> In June 1984, the Office of the [[Pennsylvania Auditor General]] informed the [[Federal Bureau of Investigation]] (FBI) of the alleged bribery that occurred during the awarding of the contract.<ref name="FBI">{{cite web |url=http://archive.org/details/BuddDwyer |title=Budd Dwyer File |work=Federal Bureau of Investigation |date=June 3, 2017 |via=Internet Archive}}</ref>
During late July 1984, Janice R. Kincaid, a former CTA employee, released a sworn statement claiming that Dwyer awarded the contract to CTA because he was promised a $300,000 [[Kickback (bribery)|kickback]] by the company.<ref>{{cite web |date=August 27, 1984 |title=Contract Scandal Taints Treasurer Race |url=https://www.mcall.com/news/mc-xpm-1984-08-27-2430231-story.html |website=The Morning Call}}</ref><ref>{{Cite web |date=1984-12-10 |title=John Torquato Jr. File |url=http://yardbirdbooks.com/pdfs/CTA_FBI_302_Torquato_1_12-10-84.pdf |publisher=Federal Bureau of Investigation |via=Yardbird Books}}</ref> Kincaid also indicated that Torquato directed female CTA employees to give sexual favors to potential clients.<ref name="nytimes1984-08-26" /> Torquato was also said to have targeted multiple other state and local officials in Pennsylvania for bribes, including [[Pennsylvania Attorney General]] [[LeRoy Zimmerman]].<ref>{{cite news |url=https://www.upi.com/Archives/1984/12/17/A-man-who-federal-prosecutors-say-was-the-mastermind/3255472107600/ |title=A man who federal prosecutors say was the mastermind... |work=UPI}}</ref>
Dwyer's awarding of the CTA contract was investigated by [[United States Attorney|federal prosecutors]]. Upon learning of this investigation, Dwyer rescinded the contract with CTA on July 11, 1984.<ref name="nytimes1984-08-26" /> Subsequently, Dwyer repeatedly attempted to stop, divert and forestall the investigation, stating that the U.S. attorney had neither the authority nor evidence to pursue prosecution.<ref name="Jenkins">{{cite journal |title=The C.T.A. case: A study in political corruption |first=Philip |last=Jenkins |year=1993 |journal=[[Crime, Law and Social Change]] |volume=19 |issue=4 |pages=329–351 |doi=10.1007/BF01624198 |s2cid=154669066}}</ref><ref>{{Cite news |date=July 23, 1987 |title=Documents show Dwyer tried to halt investigation |url=https://www.newspapers.com/clip/15904529/indiana-gazette/ |access-date=November 29, 2005 |newspaper=Indiana Gazette |page=5 |via=Newspapers.com}}</ref> Dwyer later admitted to telling his staff to withhold [[request for proposal]] (RFP) information from the U.S. attorney and the FBI during the investigation.<ref name="West trial highlights">{{cite web |title=James West trial highlights 6th December 1985 |url=https://www.dropbox.com/s/dlug0s5pzorcsbk/James_West_trial_highlights_6-12-85.pdf?dl=0 |access-date=January 17, 2020 |language=en |via=Dropbox}}</ref> After being indicted by a [[federal grand jury]], Dwyer was finally charged with agreeing to receive a kickback of $300,000 in return for awarding CTA the contract.<ref>{{cite web |url=https://law.justia.com/cases/federal/appellate-courts/F2/854/1483/222352/ |title=United States of America v. Asher, Robert B., Appellant, 854 F.2d 1483 (3d Cir. 1988)}}</ref>
Dwyer stated that he offered to take a [[polygraph]] test on the condition that if he passed it, he would not be indicted. The state rejected Dwyer's offer.<ref name="newspapers.com">{{Cite news |last=Morris |first=David |date=February 18, 1987 |title=New evidence challenges Dwyer |url=https://www.newspapers.com/clip/42456853/latrobe-bulletin/ |newspaper=Latrobe Bulletin |page=4 |agency=Associated Press}}</ref> Prior to Dwyer's indictment, on October 22, 1984, a grand jury indicted Torquato, Torquato's attorney [[William Trickett Smith|William T. Smith]], Judy Smith, Alan R. Stoneman, and David Herbert.<ref>{{cite web |url=https://law.justia.com/cases/federal/appellate-courts/F2/776/1104/442867/ |title=United States of America v. Smith, William T., Jr.patriot News Company (Limited Intervenor), Appellant, No. 85-5111.united States of America v. Stoneman, Alan R.patriot News Company (Limited Intervenor), Appellant, No. 85-5112, 776 F.2d 1104 (3d Cir. 1985)}}</ref><ref>{{cite web |url=https://www.casemine.com/judgement/us/5914c29badd7b049347c0aa0 |title=UNITED STATES v. SMITH, (M.D.Pa. 1985)}}</ref> At his 1985 trial, Smith, who was a friend of Dwyer's, testified that he did not bribe Dwyer, and instead that Torquato offered Dwyer a campaign contribution in return for the CTA contract, yet Dwyer rejected Torquato's offer. In contrast, Torquato testified that Smith offered Dwyer a $300,000 bribe in return for the CTA contract. Dwyer, acting as a defense witness at Smith's trial, denied that he was offered a contribution. In August 1984, Smith failed a polygraph test when he stated that he did not bribe Dwyer or any state official.<ref name="newspapers.com"/> However, prior to his trial on October 27, 1984 (four days after his indictment), Smith confessed to offering Dwyer a bribe, and stated that Dwyer accepted this offer.<ref>{{cite news |title=CTA trial's outcome revives corruption probe |newspaper=[[The Philadelphia Inquirer]] |date=June 26, 1985}}</ref><ref name="Latrobe">{{Cite news |url=https://www.newspapers.com/clip/42456853/latrobe_bulletin/ |title=New evidence challenges Dwyer |last=Morris |first=David |date=February 18, 1987 |newspaper=Latrobe Bulletin |page=4 |access-date=January 17, 2020 |via=Newspapers.com}}</ref>
{{blockquote|I met with Dwyer in his office and at the insistence of Torquato offered to give him $300,000 if he signed a contract with CTA [[Limited company|LTD]]. Dwyer talked about $100,000 to him personally—$100,000 to his campaign committee—$100,000 to Republican State Committee. [Dwyer] was going to see Robert Asher in Montgomery County that weekend to talk to him about how this should be done.<ref name="justia"/>}}
[[Robert B. Asher]], the then [[Pennsylvania Republican Party]] Chairman, 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".<ref name="justia">{{cite web |url=https://law.justia.com/cases/federal/appellate-courts/F2/854/1483/222352/ |title=United States of America v. Asher, Robert B., Appellant, 854 F.2d 1483 (3d Cir. 1988) |website=Justia Law}}</ref>
{{blockquote|Asher indicated that he had had a conversation with Mr. Dwyer, and he knew that I had made an offer to him of a $300,000 contribution, and then he was very angry when he began to talk about that, angry with me. Said he thought I knew better than to offer a contribution to Mr. Dwyer, and he said if there was going to be a contribution, it was going to go to Republican State Committee.<ref name="justia"/>}}
===Indictment=== [[File:R. Budd Dwyer Indictment.pdf|thumb|Dwyer's indictment]] Dwyer, along with Asher, was indicted by a federal grand jury on May 13, 1986.<ref>{{Cite news |url=https://www.newspapers.com/clip/42457882/p_16a/ |title=Friends of ex-GOP chairman will help pay CTA legal bill |date=June 5, 1986 |work=The Times Leader |access-date=January 17, 2020 |agency=Associated Press |page=16A |via=Newspapers.com}}</ref> In the hopes of reducing his twelve-year sentence resulting 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 of his sentence for testifying against Dwyer (although his wife, Judy Smith, was granted [[immunity from prosecution]]).<ref>{{cite web |url=https://casetext.com/case/us-v-smith-1568 |archive-url=https://web.archive.org/web/20210308061419/https://casetext.com/case/us-v-smith-1568 |url-status=dead |archive-date=March 8, 2021 |title=U.S. v. Smith, 839 F.2d 175 (3d Cir. 1988) |website=Casetext |access-date=January 18, 2020}}</ref> Before testifying against Dwyer, Smith passed a polygraph test.<ref name="newspapers.com"/>
It was revealed at Dwyer's trial that he sought and won approval for special legislation—Act 38 of 1984 (House Bill 1397)—that authorized him to recover the FICA overpayments, and that [[Punched tape|coded computer tape]] seized from CTA's office on July 6, 1984, showed that Dwyer was to receive a $300,000 pay-off for awarding CTA the contract.<ref>{{cite web |url=https://law.resource.org/pub/us/case/reporter/F2/789/789.F2d.196.html#fn1 |title=789 F.2d 196}}</ref> Moreover, Smith and Torquato's claims about Dwyer being bribed were corroborated by four independent and impartial witnesses,<ref>{{cite news |title=Jury hears closing arguments in CTA Bribery Conspiracy Trial |url=https://news.google.com/newspapers?id=_XBeAAAAIBAJ&pg=1077%2C1989816 |date=December 13, 1986 |newspaper=Observer-Reporter |access-date=January 17, 2020}}</ref><ref name="PittsbPress">{{cite news |url=https://news.google.com/newspapers?id=99QbAAAAIBAJ&pg=6193,2280060 |title=CTA Case heads to Jury |newspaper=[[The Pittsburgh Press]] |date=December 13, 1986 |via=Google News}}</ref> and Smith's testimony against Dwyer was virtually identical to written statements Smith made long before entering into a [[plea agreement]].<ref>{{cite news |url=https://news.google.com/newspapers?id=BYBIAAAAIBAJ&pg=3388%2C5382972 |title=CTA defence throws doubt on witnesses |newspaper=[[Pittsburgh Post-Gazette]] |first=Gary |last=Rotstein |date=December 13, 1986 |via=Google News}}</ref> Additionally, FBI agents testified that Dwyer attempted to conceal his involvement with the scheme when, after learning of the FBI investigation, he erased the entry in his appointment book of the March 2, 1984, meeting with Torquato and Smith in which he was first offered a bribe.<ref name="FBI"/><ref>{{cite web |url=https://casetext.com/case/united-states-v-smith-64 |archive-url=https://web.archive.org/web/20220812234345/https://casetext.com/case/united-states-v-smith-64 |url-status=dead |archive-date=August 12, 2022 |title=United States v. Smith, 789 F.2d 196 | Casetext Search + Citator}}</ref>
Dwyer maintained that he awarded CTA the contract on the basis of his treasury task force recommendation; this conflicted with the fact that Dwyer personally managed 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 telephone call to David I. Herbert (the former State Director for [[Social Security (United States)|Social Security]], who controlled FICA recovery for Pennsylvania's public employees, and who was convicted subsequently for conspiring with CTA).<ref name="DwyerIndictment">{{cite web |url=https://www.dropbox.com/s/v8p2mz0824pe5gi/Dwyer_Indictment.pdf?dl=0 |title=Dwyer Indictment |website=Dropbox}}</ref><ref name="West trial highlights" /><ref>{{cite web |url=https://www.pennlive.com/news/2019/03/ex-state_official_who_has_held.html |title=Ex-state official who held elected office learns he's not allowed to run again |first=John |last=Beauge |date=March 15, 2019 |website=PennLive |language=en |access-date=January 17, 2020}}</ref> Dwyer awarded the contract to CTA—an obscure [[California]]-based company with three employees, little equipment, and little experience—despite being informed in April 1984 by the major Pennsylvania-based accounting company [[Ernst & Young|Arthur Young and Associates]], which had 250 employees and submitted a proposal on April 13, 1984, at least 14 days prior to CTA's proposal, that they could perform the FICA recovery as fast as CTA for half the cost.<ref name="DwyerIndictment" /><ref name="news.google.com">{{cite news |url=https://news.google.com/newspapers?id=v8pRAAAAIBAJ&pg=6108,196013 |title=A desperate plea for vindication |first1=Albert J. |last1=Neri |first2=Harry |last2=Stoffer |date=February 3, 1987 |newspaper=[[Pittsburgh Post-Gazette]] |via=Google News}}</ref><ref name="Post-Gazette1985-05-13">{{cite news |last=Rotsien |first=Gary |date=May 13, 1985 |title=Lawyer's challenge task force's CTA selection |url=https://news.google.com/newspapers?nid=gL9scSG3K_gC&dat=19850513&printsec=frontpage&hl=en |access-date=February 1, 2024 |newspaper=[[Pittsburgh Post-Gazette]] |via=Google News}}</ref>
===Trial and conviction=== Charles Collins, Arthur Young's former management consulting director in [[Pittsburgh]], testified at Dwyer's trial that Arthur Young and Associates, who, unlike CTA, had experience in identical tax recovery work, was prepared to negotiate the FICA recovery contract (that was half the cost of the CTA contract) and that Dwyer was clearly aware of Arthur Young's offer before committing the contract to CTA. Additionally, 16 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.<ref name="justia"/><ref name="GettysburgTimes">{{Cite news |url=https://www.newspapers.com/clip/15883780/the-gettysburg-times/ |title=CTA would have recovered millions from social security |newspaper=The Gettysburg Times |date=April 25, 1985 |page=5 |via=Newspapers.com}}</ref> Dwyer repeatedly stated that he awarded the contract to CTA as a result of his task force's recommendation 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 company asked why CTA was chosen instead of them.<ref name="FBI"/><ref>{{cite web |url=https://www.dropbox.com/s/ukfw5zvd8t5px7g/CTA_Contract.pdf?dl=0 |title=CTA Contract |date=June 6, 1984 |website=Dropbox}}</ref><ref name="Post-Gazette1985-05-13" /> In contradiction to Dwyer's statements about awarding CTA the contract on the basis of their providing "immediate credit", Arthur Young and Associates were told that CTA got the contract since they first recognized that the overpayments could be recovered, and that they endorsed legislation that gave Dwyer the sole power to award said contract.<ref name="GettysburgTimes"/>
Dwyer denied any wrongdoing, stating that after the CTA contract was signed, Smith merely made a "generic" offer to assist his campaign.<ref name="West trial highlights" /> Dwyer's lawyer spoke to the prosecutor, acting U.S. Attorney James West, asking him if he would dismiss all charges against Dwyer if Dwyer [[resignation|resigned]] as state treasurer. West refused the offer but [[plea bargain|offered]] to let Dwyer plead guilty to a single charge of [[bribery|bribe receiving]], which would have meant a maximum of five years' imprisonment, as long as he resigned from his office as Treasurer of Pennsylvania and cooperated completely with the government's investigation, but Dwyer refused and went to trial. At his trial, Dwyer did not testify, and his lawyer, Paul Killion, presented no defense witnesses,<ref name="news.google.com" /> since he thought that the government did not sufficiently prove its case.<ref name="PittsbPress" /> 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 involving his wife's business "Poli-Ed," and two [[Pennsylvania State Education Association]] (PSEA) employees. One of these employees was Dwyer's close friend and campaign manager Fred Mckillop, who was subsequently dismissed by the PSEA for his involvement with the scheme, and who later featured in a [[Honest Man: The Life of R. Budd Dwyer|2010 documentary]] about Dwyer.<ref>{{Cite news |url=https://www.newspapers.com/clip/15884586/the-gettysburg-times/ |title=Benedict accuses Dwyer of wrongdoing |newspaper=The Gettysburg Times |date=August 30, 1984 |page=4 |via=Newspapers.com}}</ref><ref>{{cite web |date=1984-09-01 |title=Dwyer said present when kickbacks discussed |url=https://www.newspapers.com/image/?clipping_id=15884658&fcfToken=eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJmcmVlLXZpZXctaWQiOjQ3NTQzNDgzLCJpYXQiOjE2MTQzNTI3NDgsImV4cCI6MTYxNDQzOTE0OH0.1ABJwfU1QjjK7xyfLUKsOJA4_Sf_kSGnKdc8qPEmHJI |access-date=2022-06-05 |website=The Gettysburg Times |page=17 |via=Newspapers.com}}</ref> In this conspiracy, which was investigated by the office of the [[Pennsylvania Attorney General]], Dwyer allegedly siphoned money from his campaign into his personal funds.<ref name="Jenkins" /><ref>{{Cite news |date=August 30, 1984 |title=Benedict Takes Shot At Opponent Dwyer |url=https://news.google.com/newspapers?nid=6w2ZCmoKEM0C&dat=19840830&printsec=frontpage&hl=en |access-date=2024-02-01 |work=Observer-Reporter}}</ref><ref name="Keisling 2003"/>
On December 18, 1986, Dwyer was found guilty on 11 counts of [[conspiracy]], [[Mail and wire fraud|mail fraud]], [[perjury]] and interstate transportation in aid of [[racketeering]], and was consequently liable to a [[sentence (law)|sentence]] of as much as 55 years imprisonment and a $300,000 fine.<ref name="Zimmerman">{{Cite news |date=January 22, 1987 |title=Dwyer must resign or face dismissal, Zimmerman says |url=https://news.google.com/newspapers?id=DW9eAAAAIBAJ&pg=1346%2C2427748 |access-date=November 8, 2015 |newspaper=Observer–Reporter |via=Google News}}</ref><ref>{{Cite news |url=http://articles.philly.com/1987-01-27/news/26190720_1_plea-bargaining-memorial-service-funeral |title=700 Attend Services For Dwyer Treasurer Recalled As 'Righteous Man' |last=Cusick |first=Frederick |date=January 27, 1987 |newspaper=[[The Philadelphia Inquirer]] |archive-url=https://web.archive.org/web/20150717204304/http://articles.philly.com/1987-01-27/news/26190720_1_plea-bargaining-memorial-service-funeral |archive-date=July 17, 2015 |access-date=November 8, 2015}}</ref> His sentencing was scheduled for January 23, 1987, to be performed by [[United States district court|U.S. District Court]] Judge [[Malcolm Muir (judge)|Malcolm Muir]].<ref name="Zimmerman" /> One mail-fraud charge against Dwyer was dismissed by Judge Muir.<ref>{{cite news |date=December 9, 1986 |title=Dwyer defense rests, One charge out in CTA trial |url=https://news.google.com/newspapers?id=89QbAAAAIBAJ&pg=6324%2C42021 |newspaper=[[The Pittsburgh Press]] |via=Google News}}</ref> One juror, Carolyn Edwards of [[Williamsport, Pennsylvania|Williamsport]], found it emotionally difficult to convict Dwyer (and Asher) since they were men of "very high integrity ... they just made a mistake", while Dwyer made a statement after the verdict saying "This is a sad and shocking day for me, totally unbelievable, I'm totally innocent of all of these charges and I don't know how this could have happened".<ref>{{cite news |url=https://news.google.com/newspapers?id=_yQeAAAAIBAJ&pg=6441%2C1878698 |title=CTA Prove to Continue |date=December 19, 1986 |newspaper=[[The Pittsburgh Press]]}}</ref> [[Robert B. Asher]], Dwyer's co-defendant, was sentenced to one year in jail.<ref>{{cite web |url=http://www.pagop.org/about/leadership/national-committeeman/ |title=National Committeeman - Republican Party of Pennsylvania |access-date=November 17, 2020 |archive-date=October 29, 2020 |archive-url=https://web.archive.org/web/20201029222623/http://www.pagop.org/about/leadership/national-committeeman/ }}</ref>
Accounting company Levin-Horwath ultimately fulfilled the contract for $1,300,000, with slightly more than a third of the fee possibly being subject to [[Rebate (marketing)|rebate]]. Had CTA performed the recovery work, Pennsylvania would have lost $6,000,000.<ref name="USvsSmith" /> Pennsylvania law stated that Dwyer could not officially be dismissed from office until his sentencing in January. Given this, Dwyer stated that until his legal appeal was resolved, he would continue as treasurer with a leave of absence without pay and would not resign before having the opportunity to appeal his conviction.<ref name="Honest Man" /> In the interim, the treasury department would be managed by Deputy Treasurer Donald L. Johnson.<ref name="Zimmerman" /> Dwyer continued to profess his innocence after being convicted, and on December 23 wrote a letter to [[President of the United States|President]] [[Ronald Reagan]] seeking a [[Federal pardons in the United States|presidential pardon]],<ref>{{cite web |url=http://dl.dropbox.com/u/33088283/Virb/DwyersLetterToReagan.pdf |title=Dwyer's letter to Reagan |date=December 23, 1986 |website=Dropbox |access-date=January 30, 2010 |archive-url=https://web.archive.org/web/20121004010706/http://dl.dropbox.com/u/33088283/Virb/DwyersLetterToReagan.pdf |archive-date=October 4, 2012}}</ref> and to Senator [[Arlen Specter]] seeking assistance with this effort.<ref name="philly-archives1987-01-24" /> The week of Dwyer's sentencing, Pennsylvania State Attorney General [[LeRoy Zimmerman]] and state prosecutors were investigating a provision of the [[Pennsylvania Constitution|Pennsylvania state constitution]] such that dismissal 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 provision was expected on January 22, the day before Dwyer's sentencing hearing.<ref name="Zimmerman" /><ref>{{cite web |url=http://www.lgc.state.pa.us/getfile.cfm?file=/Reports/deskbook14/Issues-Governance08-Removal-from-Office.pdf |title=Removal From Office |website=Local Government Commission of the Pennsylvania General Assembly}}</ref>
==Final press conference== In a meeting in his home on January 15, 1987, Dwyer discussed the idea of a [[press conference]] with his [[press secretary]], James "Duke" Horshock,<ref name="jamesterryfuneralhome">{{Cite web |last= |first= |title=Tribute for James A. "Duke" Horshock |url=https://www.jamesterryfuneralhome.com/tributes/James-Horshock |access-date=2024-04-02 |website=James J. Terry Funeral Home, Inc}}</ref> and Deputy Treasurer, Don Johnson.<ref name="PittsburghPress">{{Cite news |url=https://news.google.com/newspapers?id=rSQeAAAAIBAJ&pg=6259%2C3216975 |title=He searched in vain for help: State treasurer spent last days seeking peace |last=Roddy |first=Dennis B. |date=January 23, 1987 |newspaper=[[The Pittsburgh Press]] |access-date=November 11, 2015 |via=Google News}}</ref> At the meeting, both Horshock and Johnson cautioned Dwyer not to use the conference to attack the governor, or other individuals involved with his criminal conviction, and both suggested to Dwyer that he should have the conference at a location other than his office. Dwyer angrily rejected their suggestion, but nevertheless assured both men that he would not attack anybody involved with his conviction. He said that he would not announce his resignation at the conference, but rather thank his staff and friends. Both men left assuming Dwyer would ultimately resign at the conference, although Horshock had fears that Dwyer would break his promise.<ref name="PittsburghPress"/>
The next day, Dwyer and his wife, Joanne, visited his lawyer, Paul Killion, who told Dwyer to express repentance for his crimes. Dwyer responded by agreeing to change his version of events, which was to be presented to Judge Muir at Dwyer's pre-sentencing conference scheduled for the afternoon of January 22. During the meeting, Killion became concerned about Dwyer, and confided in Joanne, asking if Dwyer were capable of harming himself, to which Joanne responded by saying that he "loves life too much."<ref name="ReferenceB" /> Dwyer later saw Killion again, gave him an updated version of events, and stated that he would announce his resignation at the press conference, yet did not want Killion to attend the conference.<ref name="ReferenceB">{{Cite news |url=https://news.google.com/newspapers?id=90MgAAAAIBAJ&pg=4854,2153889 |title=The Bitter End of R. Budd Dwyer |last=Horshock |first=Duke |date=January 21, 1990 |newspaper=[[The Pittsburgh Press]] |access-date=January 17, 2020 |via=Google News}}</ref>
{{multiple image | total_width = 350 | image1 = Joe Biden, Official 100th Congress Photo (1987).jpg | image2 = Peter Rodino 1974.jpg | image3 = | image4 = | direction = horizontal | caption3 = | width1 = | align = right | alt4 = | caption4 = | footer = Dwyer sent a letter to [[US Senate career of Joe Biden|then-Senator]] [[Joe Biden]] and Congressman [[Peter W. Rodino]], requesting an investigation into the CTA affair. }} On January 20, Dwyer wrote a letter to [[US Senate career of Joe Biden|then-Senator]] and future [[President of the United States|U.S. president]] [[Joe Biden]] and Congressman [[Peter W. Rodino]], who were at the time the chairmen of the [[Senate Judiciary Committee]] and the [[House Judiciary Committee]] respectively, asking them to conduct an investigation into the CTA affair, to reform the justice system in the United States, and if this was not done, to completely remove the word "justice" from everything related to the [[United States Department of Justice|DOJ]].<ref name="FinalStatements" /> The same day, Dwyer was visited by his personal friends, bail bondsman Harvey Childs and his wife Linda, during which Dwyer claimed that he could not have taken a bribe because he could not have accounted for it, and watched the inauguration of [[Governor of Pennsylvania|Governor]] [[Bob Casey Sr.|Bob Casey]] on television, lamenting that he should have been [[Lieutenant Governor of Pennsylvania|Lieutenant Governor]] for [[William Scranton III]], the Republican candidate who lost the [[1986 Pennsylvania gubernatorial election|gubernatorial election]] to Casey.<ref name="ReferenceB" />
[[File:Ronald Reagan and Arlen Specter.jpg|thumb|Senator [[Arlen Specter]] with President [[Ronald Reagan]] in 1986]] Dwyer finally reached U.S. Senator [[Arlen Specter]] by telephone on January 21, two days before his sentencing. A Specter aide stated that the two of them talked for eight to ten minutes.<ref name="mcall1987-01-24">{{Cite news |url=https://www.mcall.com/1987/01/24/dwyer-sought-specters-help-to-get-a-presidential-pardon/ |title=Dwyer Sought Specter's Help To Get A Presidential Pardon |date=January 24, 1987 |newspaper=[[The Morning Call]] |access-date=November 9, 2015 |url-status=live |archive-url=https://web.archive.org/web/20160304221353/http://articles.mcall.com/1987-01-24/news/2566807_1_dwyer-specter-s-office-sen-arlen-specter |archive-date=March 4, 2016}}</ref> He then wrote personally 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.{{Explain|date=May 2022}}<ref>{{cite web |url=https://www.dropbox.com/s/vfo2qprhx21rsn7/DwyersLetterToReagan.pdf?dl=0 |title=Dwyer's letter to Reagan |date=December 23, 1986 |website=Dropbox}}</ref> The senator responded that this request to President Reagan was "not realistic" because the judicial process, including appeals, had not yet finished.<ref name="mcall1987-01-24" /><ref name="philly-archives1987-01-24">{{Cite news |url=http://articles.philly.com/1987-01-24/news/26186955_1_dwyer-specter-plea |title=Dwyer Rejected Deal, Later Sought Pardon |first1=Dan |last1=Meyers |first2=Frederick |last2=Cusick |date=January 24, 1987 |newspaper=[[The Philadelphia Inquirer]] |access-date=November 9, 2015 |archive-url=https://web.archive.org/web/20160304075646/http://articles.philly.com/1987-01-24/news/26186955_1_dwyer-specter-plea |archive-date=March 4, 2016}}</ref><ref>{{cite web |title=Treasurer may have saved pension for wife |url=http://www.upi.com/Archives/1987/01/23/Treasurer-may-have-saved-pension-for-wife/9732538376400/ |first=Justin |last=Supon |date=January 23, 1987 |work=United Press International |access-date=November 9, 2015}}</ref> On the same day, Dwyer asked his press secretary Horshock and deputy press secretary Gregory Penny to schedule a news conference for the next day without telling them what he was to discuss.<ref>{{cite web |url=https://josephkaminski.org/r-budd-dwyers-suicide/ |title=Case Study: R. Budd Dwyer's Suicide |last1=Kaminski |first1=Joseph |date=December 29, 2015 |website=josephkaminski.org}}</ref><ref name="philly-archives1987-01-23">{{Cite news |url=http://articles.philly.com/1987-01-23/news/26186493_1_treasurer-dwyer-state-computer-contract-federal-charges |title=Treasurer Dwyer Kills Self Suicide At News Session |first1=Frederick |last1=Cusick |first2=Dan |last2=Meyers |first3=Walter F. Jr |last3=Roche |date=January 23, 1987 |newspaper=[[The Philadelphia Inquirer]] |access-date=November 8, 2015 |archive-url=https://web.archive.org/web/20160203184646/http://articles.philly.com/1987-01-23/news/26186493_1_treasurer-dwyer-state-computer-contract-federal-charges |archive-date=February 3, 2016}}</ref> Horshock arranged the press conference for 10:30 a.m. EST the next day, January 22. The press secretary summoned dozens of reporters asking them to attend, and told them he did not know its subject.<ref name="Zimmerman" /><ref name="philly-archives1987-01-23" />
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".<ref name="ReferenceB" /> Before the press conference, acting U.S. Attorney West, who had secured the conviction against Dwyer, remarked that a resignation "sounds like the appropriate thing to do under the circumstances. It seems like it would save everybody a lot of time and aggravation."<ref name="Zimmerman" /> Similarly, Harrisburg ''[[Patriot-News]]'' reporter Kenn Marshall described the consensus among reporters: they would be attending to see Dwyer announce his resignation from his office. Marshall recalled, "My mission was to stay there until he said those words, then call in a new top for our story."<ref name="PennLiveNewFilm">{{cite web |url=http://www.pennlive.com/midstate/index.ssf/2010/11/former_pennsylvania_treasurer.html |title=Former Pennsylvania Treasurer R. Budd Dwyer's controversial death re-examined in new film |last=Dunkle |first=David N. |date=November 12, 2010 |website=PennLive |url-status=live |archive-url=https://web.archive.org/web/20101116113651/http://www.pennlive.com/midstate/index.ssf/2010/11/former_pennsylvania_treasurer.html |archive-date=November 16, 2010}}</ref> The night before the press conference, Dwyer wrote the following note: "I enjoy being with Jo so much, the next 20 years or so would have been wonderful. Tomorrow is going to be so difficult and I hope I can go through with it."<ref name="Honest Man" />
===Press statement=== [[File:State Finance Building, Harrisburg, Pennsylvania.jpg|thumb|The Pennsylvania Finance Building, where Dwyer held his press conference]] The next morning, Dwyer went to his press conference as planned. Standing behind a large wood table that separated him from nine television cameras, four wire service photographers and about 20 television, radio and newspaper reporters,<ref name="mcall1987-01-23">{{Cite news |date=1987-01-23 |title=A GUT FEELING PRECEDES HORROR |url=https://www.mcall.com/news/mc-xpm-1987-01-23-2566886-story.html |access-date=2022-07-30 |work=[[The Morning Call]]}}</ref> he began reading from a 21-page prepared text, while aides handed a 20-page version to the media. The final page was expected to be his announcement that he would resign from office. Appearing agitated, Dwyer again professed his innocence and accused acting U.S. Attorney James West, FBI agents, U.S. District Court Judge [[Malcolm Muir (judge)|Malcolm Muir]], the media and others for abusing the justice system and ruining him.<ref name="philly-archives1987-01-24" /> Dwyer stated that Attorney West purposely held his trial not in [[Harrisburg, Pennsylvania|Harrisburg]] but in [[Williamsport, Pennsylvania|Williamsport]], due to it being located in [[Lycoming County, Pennsylvania|Lycoming County]], one of the most uneducated counties in Pennsylvania.<ref name="FinalStatements">{{cite web |url=https://www.dropbox.com/s/sao4iw2mrb76693/Dwyer_Final_Statements.pdf?dl=0 |title=Dwyer's Final Statements |website=Dropbox}}</ref> Dwyer spoke out against the [[Capital punishment|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 through it, some of the gathered press began to pack 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."<ref name="philly-archives1987-01-23" />
Given the sensitive 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."<ref name="PittsburghPress" /> 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 [Horshock], I'll leave this here, and you can make copies for the people; there's a few extra copies here right now."<ref>{{cite web |url=http://video.google.com/videoplay?docid=-6686827830708949101 |title=Bud Dwyer: Video containing audio of final words |date=April 21, 2007 |website=Google Video |archive-url=https://web.archive.org/web/20071101001526/http://video.google.com/videoplay?docid=-6686827830708949101 |archive-date=November 1, 2007}}</ref> Dwyer continued:
{{blockquote|I thank the good Lord for giving me 47 years of exciting challenges, stimulating experiences, many happy occasions and most of all the finest wife and children any man could ever desire.
Now my life has changed for no apparent reason. People who call and write are exasperated and feel helpless. They know I am innocent and want to help, but in this nation, the worlds {{sic}} greatest democracy, there is nothing they can do to prevent me from being punished for a crime they know I did not commit. Some who have called have said that I am a modern day [[Job (biblical figure)|Job]].
Judge Muir is also noted for his medieval sentences. I face a maximum sentence of 55 years in prison and a $300,000 fine for being innocent. Judge Muir has already told the press that he felt "invigorated" when we were found guilty and that he plans to imprison me as a "deterrant" to other public officials. But it wouldn't be a deterrant{{sic}} because every public official who knows me knows that I am innocent. It wouldn't be legitimate punishment because I've done nothing wrong. Since I'm a victim of political persecution, my prison would simply be an American [[Gulag]].
I ask those that believe in me to continue to extend friendship and prayer to my family, to work untiringly for the creation of a true justice system here in the United States, and to press on with the efforts to vindicate me, so that my family and their future families are not tainted by this injustice that has been perpetrated on me.
We were confident that right and truth would prevail and I would be acquitted and we would devote the rest of our lives working to create a justice system here in the United States. The guilty verdict has strengthened that resolve. But as we've discussed our plans to expose the warts of our legal system[,] people have said, 'Why bother? No one cares, you'll look foolish, ''[[60 Minutes]]'', ''[[20/20 (American TV program)|20/20]]'', the [[American Civil Liberties Union]], [[Jack Anderson (columnist)|Jack Anderson]], and others have been publicizing cases like yours for years and it doesn't bother anyone.'}}
At this point in time, Dwyer paused reading from his prepared remarks, with the gathered press still waiting on his expected resignation. There was still a significant portion of the prepared text remaining, which revealed that he was actually planning to commit suicide. Dwyer did not read the following section aloud:
{{blockquote|I've repeatedly said that I'm not going to resign as State Treasurer. After many hours of thought and meditation I've made a decision that should not be an example to anyone because it is unique to my situation. Last May, I told you that after the trial, I would give you the story of the decade. To those of you who are shallow, the events of this morning will be that story. But to those of you with depth and concern the real story will be what I hope and pray results from this morning—in the coming months and years[,] the development of a true justice system here in the United States. I am going to die in office in an effort to ' ... see if the shame[-ful] facts, spread out in all their shame, will not burn through our civic shamelessness and set fire to American pride.' Please tell my story on every radio and television station and in every newspaper and magazine in the U.S. Please leave immediately if you have a weak stomach or mind since I don't want to cause physical or mental distress. Joanne, Rob, DeeDee – I love you! Thank you for making my life so happy. Good bye{{sic}} to you all on the count of 3. Please make sure that the sacrifice of my life is not in vain.}}
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.<ref name="PittsburghPress" /> The first envelope, given to Bob Holste, contained a letter addressed to then-Pennsylvania Governor [[Bob Casey Sr.|Bob Casey]], who had assumed office just two days earlier. The second, given to deputy press secretary Gregory Penny, contained an [[organ donation|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 (Dyan),<ref>{{Cite news |url=https://www.newspapers.com/clip/42446760/p_26/ |title=Son says Dwyer innocent of charge |date=January 23, 1987 |newspaper=The York Dispatch |agency=United Press International |page=26 |access-date=January 17, 2020 |via=Newspapers.com}}</ref> and suggested funeral arrangements.<ref name="PittsburghPress" /><ref name="Honest Man" /> Freelance photographer Gary Miller, one of the reporters in attendance, described the scene at this time, stating: "It was just kind of a long-winded, sad event."<ref name="PennLiveNewFilm" />
== Suicide ==
{{Infobox event | title = Suicide of R. Budd Dwyer | image = R. Budd Dwyer holding a gun.jpg | image_upright = | image_alt = | caption = Dwyer holding a [[.357 Magnum]] revolver, seconds before his [[suicide]] by shooting himself through the roof of his mouth | native_name = | native_name_lang = | english_name = | time = {{circa}} 11:00 a.m. | timezone = [[Eastern Time Zone|EST]] | duration = <!-- {{duration|h=x|m=x|s=x}} or {{time interval|date1|date2|options}} --> | date = {{start date and age|1987|01|22}} | venue = | location = Room 129,<ref>{{cite news |title=Filmmaker on Dwyer: Guilty as charged? | url=https://www.pennlive.com/editorials/2010/10/filmmaker_on_dwyer_guilty_as_c.html |work=PennLive}}</ref> Finance Building, [[Pennsylvania State Capitol Complex]], [[Harrisburg, Pennsylvania]], U.S. | coordinates = <!-- {{coord|LAT|LON|region:XXXX_type:event|display=inline,title}} --> | also_known_as = | type = [[Suicide by firearm|Suicide by gunshot]] | theme = | cause = | motive = Conviction for accepting a bribe to award a [[Federal Insurance Contributions Act|FICA]] overpayment recovery contract | target = | perpetrator = | first_reporter = | budget = | patron = <!-- or |patrons= --> | organisers = <!-- or |organizers= --> | filmed_by = Various news outlets | participants = | outcome = *Dwyer's conviction not overturned. *At least one person present developed severe depression as a result.<ref name="Soteropoulos">{{cite web |url=http://www.ajr.org/Article.asp?id=413 |title=Feeling the Heat |last=Soteropoulos |first=Jacqueline |date=December 2000 |work=[[American Journalism Review]] |access-date=August 5, 2008 |archive-url=https://web.archive.org/web/20080925161656/http://www.ajr.org/Article.asp?id=413 |archive-date=September 25, 2008 }}</ref> *Joanne Dwyer awarded $1.28 million in death benefits. | casualties1 = | casualties2 = | casualties3 = | reported deaths = 1 (Dwyer) | reported injuries = | reported missing = | burial = Blooming Valley Cemetery | displaced = | inquiries = | inquest = | coroner = | arrests = | suspects = | accused = | convicted = | charges = | trial = | verdict = | convictions = | sentence = | publication_bans = | litigation = | awards = | url = | blank_label = <!-- or |blank_data= --> | blank1_label = <!-- or |blank1_data= --> | blank2_label = <!-- or |blank2_data= --> | website = <!-- {{URL|example.com}} --> | notes = }}
After he had finished speaking and handing out the notes to his staffers, Dwyer grabbed a [[manila paper|manila]] envelope and drew a [[Smith & Wesson Model 19|Model 19]] [[.357 Magnum]] revolver from it, causing others to panic. Kenn Marshall, a reporter with ''[[The Patriot-News]]'', later stated in an interview that he feared Dwyer would turn the gun on the reporters in attendance.<ref name="PennLiveNewFilm" /> Dwyer backed up against the wall, holding the weapon close to his body, and said, "Please, please leave the room if this will — if this will affect you."<ref>{{cite news |url=https://pqasb.pqarchiver.com/newsday/access/103854256.html?dids=103854256:103854256&FMT=ABS&FMTS=ABS:FT&type=current&date=Jan+21%2C+1988&author=By+Laura+Muha&pub=Newsday+%28Combined+editions%29&desc=THE+PRESS+Witnesses+to+Tragedy+The+suicide+of+Pennsylvania+Treasurer+R.+Budd+Dwyer+a+year+ago+stirred+horror+and+introspection+in+the+reporters+who+saw+it&pqatl=google |title=Witnesses to Tragedy |first=Laura |last=Muha |newspaper=Newsday |date=January 21, 1988 |page=3 |quote=When he saw Dwyer's gun, he dashed from the room calling for help. |access-date=July 7, 2017 |archive-date=October 25, 2012 |archive-url=https://web.archive.org/web/20121025053550/http://pqasb.pqarchiver.com/newsday/access/103854256.html?dids=103854256:103854256&FMT=ABS&FMTS=ABS:FT&type=current&date=Jan+21,+1988&author=By+Laura+Muha&pub=Newsday+(Combined+editions)&desc=THE+PRESS+Witnesses+to+Tragedy+The+suicide+of+Pennsylvania+Treasurer+R.+Budd+Dwyer+a+year+ago+stirred+horror+and+introspection+in+the+reporters+who+saw+it&pqatl=google }}</ref> Reporters David Morris of the [[Associated Press]], Thom Cole of [[United Press International|UPI]] and Gary Warner of afternoon newspaper ''[[The Pittsburgh Press]]'' were at the rear of the room, waiting for Dwyer to say he had resigned so they could run down the hall to telephones to tell their editors they could publish pre-written stories and add Dwyer's direct quote. When Dwyer produced the revolver, the three ran into the hallway and shouted to a state police kiosk in the center of the long hallway that the treasurer had a gun.<ref name="mcall1987-01-23" />
Several people in the room pleaded with Dwyer to surrender the gun or tried to approach him and seize the weapon. Dwyer warned against either action, saying as [[List of last words (20th century)|his last words]]: "This will hurt someone".<ref name="AP1-23">{{cite news |url=https://apnews.com/ee1a89870b3947fb4c23c5aa9178ca22 |title=Pennsylvania Treasurer Kills Self At News Conference |first=David |last=Morris |date=January 23, 1987 |work=Associated Press}}</ref> Dwyer then killed himself with a single shot through the roof of the mouth.<ref>{{harvnb|Grossman|2003|p=108}}</ref> His death was recorded by at least five running news cameras.<ref>{{cite news |url=http://documentslide.com/download/link/media-ethics-and-the-fourth-commandment-the-case-of-robert-budd-dwyer-pennsylvania |title=The Case of Robert Budd Dwyer, Pennsylvania State Treasurer |first=Jonah |last=Myles |date=January 1, 2015 |website=Media Ethics and the Fourth Commandment |access-date=December 3, 2016 |archiveurl=https://web.archive.org/web/20161220224926/http://documentslide.com/download/link/media-ethics-and-the-fourth-commandment-the-case-of-robert-budd-dwyer-pennsylvania |archive-date=December 20, 2016}}</ref> Dwyer was pronounced dead at 11:31 a.m.<ref name="AP1-23" /> He was interred at Blooming Valley Cemetery in Saegertown on January 26. Per his status as an [[organ donor]], Dwyer's [[cornea]]s and [[Auricle (anatomy)|ear cartilage]] were made available for transplant. Dwyer's body was left in the room for several hours as law enforcement conducted an investigation into whether or not any of Dwyer's aides had assisted him in his suicide, ultimately concluding they had not.<ref name="DwyerOrganCard">{{cite web |url=https://www.pennlive.com/crime/2022/01/budd-dwyer-gave-organ-donor-card-to-aide-just-before-his-suicide-i-looked-up-and-he-had-the-gun.html |title=Budd Dwyer gave organ donor card to aide just before his suicide: 'I looked up and he had the gun' |date=January 20, 2022 |archive-date=February 10, 2026 |archive-url=https://web.archive.org/web/20260210010015/https://www.pennlive.com/crime/2022/01/budd-dwyer-gave-organ-donor-card-to-aide-just-before-his-suicide-i-looked-up-and-he-had-the-gun.html}}</ref> By the time his body was recovered, it had been too long since his death for any other organs to be usable.<ref name="philly-archives1987-01-23" />
===Aftermath and graphic footage=== At least one reporter present at Dwyer's suicide suffered from being a witness; radio reporter Tony Romeo, who was standing a few feet from Dwyer, developed severe [[Major depressive disorder|depression]] due to Dwyer's suicide. Romeo had to receive counseling and left journalism for several months, stating "I was a snowball down a hill of bad thoughts".<ref name="Soteropoulos">{{cite web |url=http://www.ajr.org/Article.asp?id=413 |title=Feeling the Heat |last=Soteropoulos |first=Jacqueline |date=December 2000 |work=[[American Journalism Review]] |access-date=August 5, 2008 |archive-url=https://web.archive.org/web/20080925161656/http://www.ajr.org/Article.asp?id=413 |archive-date=September 25, 2008 }}</ref>
Many television stations throughout Pennsylvania broadcast taped footage of Dwyer's suicide to a midday audience. Philadelphia station [[WPVI-TV]] showed Dwyer pulling the trigger and falling backwards, but did not show the bullet path.<ref>{{Cite news |url=https://www.newspapers.com/clip/42447122/daily_magazine_p_1d/ |title=How TV covered the Dwyer suicide |last1=Bianculli |first1=David |last2=Shister |first2=Gail |date=January 23, 1987 |newspaper=[[The Philadelphia Inquirer]] |access-date=January 17, 2020 |pages=1D, [https://www.newspapers.com/clip/42447127/daily_magazine_p_8d/ 8D]}}</ref> It chose not to show the gunshot a second time. During the next several hours, news editors had to decide how much of the explicit footage they wanted to broadcast. Many chose not to broadcast the final moments of the suicide.<ref>{{Cite news |url=https://www.newspapers.com/clip/42447103/p_26/ |title=Did TV cover suicide right? |date=January 23, 1987 |newspaper=The York Dispatch |access-date=January 17, 2020 |agency=United Press International |page=26 |via=Newspapers.com}}</ref>
Many stations, including [[KYW-TV]] and [[WCAU|WCAU-TV]] in Philadelphia and [[KDKA-TV]] in Pittsburgh, stopped the action just before the gunshot. However, the last two allowed the audio of the shooting to continue with the stopped image. [[Westinghouse Broadcasting]] (then-parent of KYW-TV and KDKA-TV) news cameraman William L. Martin and reporter David Sollenberger had a camera set up at the conference; they chose to broadcast the audio with a freeze-frame of the gun in Dwyer's mouth. Only a handful broadcast the unedited press conference. WPVI-TV rebroadcast the suicide footage in full on their 5:00 p.m. and 6:00 p.m. ''[[Action News]]'' broadcast without warning the viewers. That station's broadcast is a source for copies available 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 broadcast, WPXI operations manager By Williams said, "It's an important event [about] an important man." Williams avoided broadcasting the footage in the evening newscasts, explaining, "Everyone knows by then that [Dwyer] did it. There are children out of school."<ref>{{cite news |date=January 23, 1987 |title=Pictures Raise News Issue |url=https://query.nytimes.com/gst/fullpage.html?res=9B0DE2D71138F930A15752C0A961948260 |access-date=May 25, 2008 |newspaper=[[The New York Times]] |issn=0362-4331 |agency=Associated Press}}</ref> However, in central Pennsylvania, many children were home from school during the day of Dwyer's suicide due to a snowstorm.<ref name="Honest Man" /> The moment of Dwyer's suicide did not appear on any national newscast. ''[[NBC Nightly News]]'' and [[CNN]]'s coverage only showed Dwyer holding the gun and stopped before he placed it in his mouth, and ''[[CBS Evening News]]'' and ''[[ABC World News Tonight]]'' did not include any footage from the press conference in their reports.<ref>{{cite news|title = How TV covered the Dwyer suicide|date = January 23, 1987|last1 = Bianculli|first1 = David|last2 = Shister|first2 = Gail|author-link1 = David Bianculli|newspaper = [[The Philadelphia Inquirer]]|pages = D1, D8}}</ref>
The letter Dwyer sent Casey stated, "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."<ref>{{Cite news |title=Official Calls In Press and Kills Himself |url=https://www.nytimes.com/1987/01/23/us/official-calls-in-press-and-kills-himself.html |newspaper=[[The New York Times]] |date=January 23, 1987 |access-date=November 8, 2015 |issn=0362-4331 |first=William K. |last=Stevens}}</ref> Governor Casey did not accept Dwyer's suggestion. Regardless of the events of January 22, the governor and legislature of Pennsylvania already expected Dwyer to either resign or be dismissed from office. As such, a deal had already been brokered wherein the next treasurer, a Democrat, would serve the remnant of Dwyer's term and resign at its end. This was [[G. Davis Greene Jr.]], who was appointed as the 71st Treasurer of Pennsylvania on January 23, 1987, the day after Dwyer's suicide.<ref>{{Cite news |url=http://articles.philly.com/2012-09-06/news/33617725_1_financial-adviser-state-treasurer-bob-casey |title=G. Davis Greene Jr., 81, former state treasurer |first=Sally A. |last=Downey |date=September 6, 2012 |newspaper=[[The Philadelphia Inquirer]] |access-date=November 8, 2015 |archive-url=https://web.archive.org/web/20150922172509/http://articles.philly.com/2012-09-06/news/33617725_1_financial-adviser-state-treasurer-bob-casey |archive-date=September 22, 2015}}</ref>
Prior to Dwyer's suicide, Associated Press photographers would choose between color or black-and-white film to use on assignments, usually reserving color film for important assignments and using black-and-white film on regular assignments. [[Paul Vathis]], an [[Associated Press]] photographer who took four photographs of Dwyer's suicide, had believed he was covering a routine assignment and only had black-and-white film. After Dwyer's suicide, the Associated Press switched to using color film on all assignments.<ref>{{Cite web |last=Zhang |first=Michael |date=2016-12-23 |title=The Day That Made AP Photographers Switch to 100% Color Film |url=https://petapixel.com/2016/12/23/day-made-ap-photographers-switch-100-color-film/ |access-date=2024-05-08 |website=PetaPixel}}</ref>
===State officials' responses to Dwyer's allegations=== Dwyer's mistrust of the Republican former Governor [[Dick Thornburgh]], who had left office two days prior to Dwyer's suicide, was expressed in detail in his press conference statement.<ref name="FinalStatements" /> The timing of Dwyer's press conference and suicide meant that Thornburgh was not empowered to appoint a Treasurer to replace him. Instead, this became the responsibility of Thornburgh's successor, [[Democratic Party (United States)|Democrat]] [[Bob Casey Sr.|Bob Casey]], who had assumed office on January 20.<ref>{{Cite news |url=http://articles.philly.com/1987-01-21/news/26191261_1_robert-p-casey-ceremonies-new-governor |title=Casey Vows Political Open Door 5,000 View Inaugural Ceremony |first1=Walter F. Jr |last1=Roche |first2=Frederick |last2=Cusick |first3=Dan |last3=Meyers |date=January 21, 1987 |newspaper=[[The Philadelphia Inquirer]] |access-date=November 9, 2015 |archive-url=https://web.archive.org/web/20160304082824/http://articles.philly.com/1987-01-21/news/26191261_1_robert-p-casey-ceremonies-new-governor |archive-date=March 4, 2016}}</ref>
In his final press statement, Dwyer alleged that Governor Thornburgh along with prosecutor James West, engaged in a political vendetta against him, and that FBI agents had acted improperly in their investigation. After Dwyer's public suicide, the National Association of State Treasurers requested that Dwyer's allegations be reviewed by the [[United States Department of Justice|Department of Justice]]. After a thorough investigation, the Justice Department's [[Office of Professional Responsibility]] exonerated 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.<ref name="FBI"/> [[R.B. Swift]], former Capitol reporter, noted that Dwyer's allegations were extensively investigated by journalists from both ''[[The Philadelphia Inquirer]]'' and the [[Associated Press]], but no evidence was found to substantiate them.<ref>Archived at [https://ghostarchive.org/varchive/youtube/20211205/4JWLAay2kYs Ghostarchive]{{cbignore}} and the [https://web.archive.org/web/20200127050916/https://www.youtube.com/watch?v=4JWLAay2kYs Wayback Machine]{{cbignore}}: {{cite web |url=https://www.youtube.com/watch?v=4JWLAay2kYs&t=2414s |title=Budd Dwyer - PCN Media Special |date=January 26, 2017 |via=[[YouTube]]}}{{cbignore}}</ref> In 2010, former U.S. attorney James West, who prosecuted Dwyer, affirmed Dwyer's guilt,<ref>{{cite web |url=http://www.dwyermovie.com/press |title=Honest Man; Press |website=Eighty Four Films |archive-url=https://web.archive.org/web/20120303013804/http://www.dwyermovie.com/press |archive-date=March 3, 2012}}</ref> stating that "the evidence against Dwyer was overwhelming and indisputable".<ref>{{cite web |url=https://www.pennlive.com/editorials/2010/10/filmmaker_on_dwyer_guilty_as_c.html |title=Filmmaker on Dwyer: Guilty as charged? |first=Patrick |last=Flanary |date=October 3, 2010 |website=PennLive}}</ref>
Dwyer claimed that Governor Thornburgh sought revenge against him due to his prior criticism of Thornburgh's perceived mishandling of state resources. In response, Thornburgh pointed out that prior to their European visit, the Thornburgh family had issued a press release specifically stating that Ginny Thornburgh would pay her own expenses. Upon their return to Pennsylvania, Mrs. Thornburgh "repeatedly requested" the Thornburgh staff to "advise her of the amount" to be reimbursed; however, Dwyer leaked this matter to ''[[The Philadelphia Inquirer]]'' in an attempt to "enhance his own image by embarrassing" Thornburgh and his family. Regarding the use of the state police, Thornburgh stated that "the security detail provided its services to all members of our household as the officers deemed necessary for our protection. We neither asked for nor questioned these services, which were no different than those provided to our predecessors."<ref>Thornburgh, Dick (2003). "Where the Evidence Leads: An Autobiography", p. 161</ref>
Thornburgh spokesman David Runkel dismissed Dwyer's allegations as being "paranoic",<ref>{{cite web |title=The Conniving Ways of Dick Thornburgh |url=https://archive.seattletimes.com/archive/?date=19900613&slug=1076995 |website=The Seattle Times}}</ref> as did John Taylor, the former spokesman for Governor [[Bob Casey Sr.|Bob Casey]].<ref>Archived at [https://ghostarchive.org/varchive/youtube/20211205/TUQAIaQ6yEs Ghostarchive]{{cbignore}} and the [https://web.archive.org/web/20210901201419/https://www.youtube.com/watch?v=TUQAIaQ6yEs Wayback Machine]{{cbignore}}: {{cite web |url=https://www.youtube.com/watch?v=TUQAIaQ6yEs&t=870s |title=Budd Dwyer - 30th Anniversary Media Roundtable |date=February 7, 2017 |via=[[YouTube]]}}{{cbignore}}</ref> Pennsylvanian journalist and author [[Brad Bumsted]] suggested that Dwyer's allegations against Thornburgh may have been an attempt to divert attention from his own criminal activity with CTA. Bumsted also stated that, in Dwyer's final press statement, Dwyer "offered no real evidence" that there was any conspiracy against him.<ref>Keystone Corruption: A Pennsylvania Insider's View of a State Gone Wrong, p. 54</ref> Dwyer's deputy press secretary Gregory Penny, who was handed an envelope by Dwyer at Dwyer's final press conference, stated that he was convinced that Dwyer, whom he had once defended, had been guilty all along, stating:
{{blockquote|Some of the individuals Budd associated with and surrounded himself; the reluctance to provide information to his press office when we tried to respond to reporters' questions during that time; the pleading of the [[Fifth Amendment to the United States Constitution|5th Amendment]] during Budd's trial by his top aide [Mark Phenicie<ref>{{cite news |url=https://newspaperarchive.com/franklin-news-herald-nov-17-1986-p-2/ |title=Franklin News Herald Archives, Nov 17, 1986, p. 2 |date=November 17, 1986}}</ref><ref>{{cite web |url=https://www.dropbox.com/s/ut7j06ewx8sk1r6/The_Final_Days_of_Budd_Dwyer.pdf?dl=0 |title=The_Final_Days_of_Budd_Dwyer.PDF}}</ref>]; Budd's decision not to take the stand in his own defense during the trial; and Budd's decision to take his life rather than go to prison and continue fighting to prove his innocence — these are the things I thought about and that brought me to conclude that Budd was not innocent.<ref name="DwyerOrganCard" />}}
===Death benefits=== Since Dwyer died in office, his widow Joanne collected full survivor benefits totaling more than {{US$|1.28 million|long=no}} (equivalent to about ${{inflation|US|1.28|1987|r=2}} million in {{inflation/year|US}}), which at the time was the largest death benefit payment ever made by the [[Pennsylvania Municipal Retirement System]]. If Dwyer had been sentenced, state law would have prohibited the payment of his state-provided pension benefits.<ref name="Honest Man" /><ref>{{cite news |agency=Associated Press |date=April 16, 1987 |title=Family to Get $1.28-Million Pension in Suicide of Pennsylvania Official |url=https://www.latimes.com/archives/la-xpm-1987-04-16-mn-751-story.html |newspaper=[[Los Angeles Times]] |access-date=April 19, 2017 |url-status=live |archive-url=https://web.archive.org/web/20151025022622/http://articles.latimes.com/1987-04-16/news/mn-751_1_pension-benefit |archive-date=October 25, 2015}}</ref> 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.<ref>{{cite news |date=January 24, 1987 |title=Pennsylvania Official's Suicide May Be Linked to Finances |url=https://www.washingtonpost.com/archive/politics/1987/01/24/pennsylvania-officials-suicide-may-be-linked-to-finances/2a395089-c0d1-46ef-a13b-61be0693e0ee/ |newspaper=[[The Washington Post]] |issn=0190-8286}}</ref> Other statements made by some friends and family also suggest that this was Dwyer's motivation.<ref name="Honest Man" /> At a panel discussion for the documentary ''[[Honest Man: The Life of R. Budd Dwyer]]'', Dwyer's sister Mary Kun stated that Dwyer had made the decision to kill himself prior to knowing he would lose his pension and thus his motivation for his suicide was not to provide financial assurance for his family but rather to "sacrifice himself to help the system".<ref>{{cite web |url=http://dwyermovie.com/DwyerArchives.html |title=Budd Dwyer Archives}}</ref>
==Aftermath of the case== 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, stating that "there were no grounds whatsoever upon which Mr. Dwyer could hope to succeed upon appeal" and ordered to "close this file as to R. Budd Dwyer".<ref name=USvDwyer /> Dwyer's lawyers appealed this decision, and the [[U.S. Court of Appeals for the Third Circuit]] subsequently vacated the judgment. On remand, the district court was instructed to dismiss Dwyer's motions (since the Court lacked subject matter jurisdiction), and Dwyer's convictions for mail fraud and conspiracy were sustained.<ref name=DwyerAppeal /> Six years after Dwyer's death, efforts were made to exonerate Dwyer when a retrial request was filed in U.S. District Court in July 1993.<ref>{{cite web |url=https://apnews.com/6cffa3fdd182b37efd86fa3b18677837 |title=Six Years After Suicide, New Trial Sought To Clear Budd Dwyer |date=July 26, 1993 |website=AP News |access-date=January 17, 2020}}</ref> This request was denied in October of the same year.<ref>{{Cite news |url=https://www.newspapers.com/clip/42459010/judge_turns_down_motion_for_dwyer/ |title=Judge turns down motion for Dwyer retrial |date=October 28, 1993 |work=Indiana Gazette |access-date=January 17, 2020 |agency=Associated Press}}</ref>
===People involved=== In the years following the case, [[William Trickett Smith|William Trickett Smith Sr.]], the main witness against Dwyer, would be convicted in multiple other criminal cases. He was convicted of theft by unlawful taking and deception in 2010,<ref>{{cite news |url=https://www.pennlive.com/midstate/2010/08/william_trickett_smith_pleads.html |title=William Trickett Smith pleads guilty in investment con case |work=PennLive}}</ref> of arson and insurance fraud in 2012, and in 2014 was convicted for a plot to have his son, [[William Trickett Smith II]], extradited from [[Peru]] to the United States so he could break him out of prison. Smith II had been convicted of murdering his Peruvian wife.<ref>{{cite news |url=https://www.pennlive.com/midstate/2014/09/ex-dauphin_county_gop_chairman.html |title=Ex-Dauphin County GOP Chairman William Trickett Smith pleads guilty in prison break plot case |work=PennLive}}</ref> Dwyer's co-defendant, [[Robert B. Asher]], would later serve as a member of the [[Republican National Committee]] from Pennsylvania, serving from 1998 to 2020. Asher was slated to be a signatory in the [[Trump fake electors plot|plot to overturn the 2020 United States presidential election in favor of Donald Trump by submitting fake electoral votes]], but was replaced before he did.<ref>{{cite news |url=https://georgiarecorder.com/2022/02/01/trumps-fake-electors-heres-the-full-list/ |title=Trump's fake electors: Here's the full list |work=Georgia Recorder}}</ref>
== Conspiracy theories and misinformation regarding Dwyer's guilt == Following Dwyer's death, various conspiracy theories alleged that his prosecution was politically motivated or that key witness [[William Trickett Smith]] gave false testimony in exchange for leniency. Judicial and academic reviews consistently rejected these claims, concluding that Dwyer's conviction rested on extensive documentary and testimonial evidence demonstrating his knowing role in the bribery scheme.<ref>{{cite court |case=United States v. Dwyer |court=U.S. Court of Appeals for the Third Circuit |date=1987}}</ref><ref>{{cite news |url=https://www.nytimes.com/1987/01/23/us/state-official-in-pennsylvania-commits-suicide.html |title=State Official in Pennsylvania Commits Suicide |work=The New York Times |date=January 23, 1987 |access-date=February 2, 2026}}</ref>
The 2010 documentary ''[[Honest Man: The Life of R. Budd Dwyer]]'' revived long‑standing allegations that Smith altered his testimony under government pressure after being offered a plea bargain. Critics have argued that the film omits essential context regarding Smith's testimony and misrepresents the sequence of events. Smith was tried separately in 1985, one year before Dwyer's 1986 trial. During his own trial, Smith initially denied offering Dwyer a bribe, claiming instead that his co‑defendant [[John Torquato Jr.]] made the offer. However, after prosecutors presented him with prior statements, supporting documents, and the threat of perjury and extended sentencing, including possible charges against his wife, Smith admitted that he had, in fact, offered Dwyer a bribe, which Dwyer knowingly accepted. His testimony at Dwyer's later trial was consistent with that admission.<ref>{{cite court |litigants=United States v. Dwyer |court=U.S. Court of Appeals for the Third Circuit |date=1987 |url=https://law.justia.com/cases/federal/appellate-courts/F2/821/948/256196/ |title=United States v. Dwyer, 821 F.2d 948 (3d Cir. 1987) |access-date=February 2, 2026}}</ref><ref>{{cite news |last=Vancheri |first=Barbara |title=Father's legacy is focus of film on Budd Dwyer |url=https://www.post-gazette.com/ae/movies/2010/11/21/Father-s-legacy-is-focus-of-film-on-Budd-Dwyer/stories/201011210262 |work=Pittsburgh Post‑Gazette |date=November 21, 2010 |access-date=February 2, 2026}}</ref>
Court records show that Smith ultimately testified to promising a $300,000 bribe to Dwyer in exchange for awarding a no‑bid contract to CTA.<ref>{{cite court |litigants=United States v. Dwyer |court=U.S. Court of Appeals for the Third Circuit |date=1987 |url=https://law.justia.com/cases/federal/appellate-courts/F2/821/948/256196/ |title=United States v. Dwyer, 821 F.2d 948 (3d Cir. 1987) |access-date=February 2, 2026}}</ref> His account was corroborated by other witnesses, audit and procurement records showing irregular contract awards, and electronic evidence from CTA's data systems.<ref>{{cite news |last=Vancheri |first=Barbara |title=Father’s legacy is focus of film on Budd Dwyer |url=https://www.post-gazette.com/ae/movies/2010/11/21/Father-s-legacy-is-focus-of-film-on-Budd-Dwyer/stories/201011210262 |work=Pittsburgh Post‑Gazette |date=November 21, 2010 |access-date=February 2, 2026}}</ref>
The prosecution's case did not rely solely on Smith's word. Expert witnesses identified inflated pricing and manipulated bid specifications, while financial tracings linked intermediary accounts to Dwyer's associates. Internal correspondence showed Dwyer using his office to conceal procurement irregularities and justify awarding the contract.<ref>{{cite web |url=https://www.history.com/topics/crime/budd-dwyer |title=Budd Dwyer Case Overview |website=History.com |access-date=February 2, 2026}}</ref> The Third Circuit Court of Appeals found no evidence of misconduct by the prosecution or false testimony, and upheld the verdict in full.<ref>{{cite court |case=United States v. Dwyer |court=U.S. Court of Appeals for the Third Circuit |date=1987}}</ref>
Subsequent reviews by the Department of Justice's Office of Professional Responsibility and the FBI similarly found no evidence of political interference or investigative impropriety.<ref>{{cite web |url=https://www.fbi.gov/history/famous-cases/budd-dwyer |title=Budd Dwyer |website=FBI |access-date=February 2, 2026}}</ref> Contemporary analysts widely described the evidence of guilt as overwhelming. Former U.S. Attorney James West later remarked that "every material fact was corroborated; no element rested solely on the word of a single witness."<ref>{{cite news |url=https://www.pennlive.com/news/2010/01/budd_dwyer_case_reflections.html |title=Reflections on the Budd Dwyer Case |work=The Patriot‑News |date=January 22, 2010 |access-date=February 2, 2026}}</ref>
==Electoral history== {{Election box begin no change| title=[[1980 Pennsylvania State Treasurer election]]<ref name=":0" />}} {{Election box winning candidate with party link no change| |party = Pennsylvania Republican Party |candidate = R. Budd Dwyer |votes = 2,055,199 |percentage = 49.43% }} {{Election box candidate with party link no change| |party = Pennsylvania Democratic Party |candidate = [[Robert E. Casey]] |votes = 2,003,126 |percentage = 48.18% }} {{Election box candidate with party link no change| |party = Consumer Party |candidate = Thelma R. Hambright |votes = 43,801 |percentage = 1.05% }} {{Election box candidate with party link no change| |party = Libertarian Party (United States) |candidate = Frank W. Bubb III |votes = 31,573 |percentage = 0.76% }} {{Election box candidate with party link no change| |party = Socialist Workers Party (United States) |candidate = Tory A. Dunn |votes = 23,879 |percentage = 0.57% }} {{Election box total no change| |votes = 4,157,578 |percentage = 100.00% }} {{Election box gain with party link no swing |winner = Republican Party (United States) |loser = Democratic Party (United States) }} {{Election box end}} {{Election box begin no change|title=1984 Pennsylvania State Treasurer Republican primary election<ref>{{Cite book |title=The Pennsylvania Manual, 1984-1985 - Page 603 |url=https://archive.org/details/pennsylvaniamanu0000unse_r0c2/page/602/mode/2up |date=1985 |publisher=[[Pennsylvania Department of General Services]] |isbn=978-0-8182-0029-8 }}</ref>}} {{Election box winning candidate with party link no change|party=Republican Party (United States)|candidate=R. Budd Dwyer (incumbent)|votes=578,063|percentage=100.00%}} {{Election box total no change|votes=578,063|percentage=100.00%}} {{Election box end}} {{Election box begin no change|title=[[1984 Pennsylvania State Treasurer election]]<ref>{{Cite book |title=The Pennsylvania Manual, 1984-1985 - Page 618 |url=https://archive.org/details/pennsylvaniamanu0000unse_r0c2/page/618/mode/2up |date=1985 |publisher=[[Pennsylvania Department of General Services]] |isbn=978-0-8182-0029-8 }}</ref>}} {{Election box winning candidate with party link no change|party=Republican Party (US)|candidate=R. Budd Dwyer|votes=2,348,977|percentage=51.78%}} {{Election box candidate with party link no change|party=Democratic Party (US)|candidate=[[Al Benedict]]|votes=2,040,693|percentage=44.99%}} {{Election box candidate no change|party=Consumer|candidate=Priscilla L. Thomas|votes=115,905|percentage=2.56%}} {{Election box candidate with party link no change|party=Libertarian Party of Pennsylvania|candidate=Ralph Mullinger|votes=30,496|percentage=0.67%}} {{Election box total no change|votes=4,536,071|percentage=100.00%}} {{Election box hold with party link no change|winner=Republican Party (US)}} {{Election box end}}
==In popular culture== *The 1993 [[mondo film]] ''[[Traces of Death]]'' includes full footage of Dwyer's suicide in the final segment.{{sfn|Kerekes|Slater|1995|pp=160}} *[[Marilyn Manson (band)|Marilyn Manson]]'s debut single "[[Get Your Gunn]]" (1994) samples audio of Dwyer's suicide.<ref>{{cite web |url=https://www.phoenixnewtimes.com/music/marilyn-manson-i-like-to-smoke-and-hang-out-with-the-gangsta-rappers-6615701 |title=Marilyn Manson: "I Like To Smoke and Hang Out With The Gangsta Rappers" |last=Louvau |first=Jim |date=May 30, 2013 |website=Phoenix New Times |access-date=January 17, 2020}}</ref> *The 1995 song "[[Hey Man Nice Shot]]" by rock band [[Filter (band)|Filter]] is about Dwyer's suicide.<ref>{{cite web |url=http://klaq.com/richard-patrick-of-filter-talks-about-hey-man-nice-shot-and-kurt-cobain/ |title=Richard Patrick of Filter Talks About 'Hey Man Nice Shot' and Kurt Cobain |publisher=[[KLAQ]] |last=Adams |first=Buzz |date=June 29, 2012 |access-date=July 19, 2018}}</ref> *The 1999 album ''[[Volume 1 (CKY album)|Volume 1]]'' by Pennsylvania rock band [[CKY (band)|CKY]] initially featured an artistic depiction of Dwyer's suicide. When the band later signed with [[Volcom]], the album art was changed as the label found the graphic to be too offensive.<ref>{{cite web |url=https://www.phoenixnewtimes.com/music/future-shock-she-wants-revenge-the-donnas-cky-and-more-6595143 |title=Future Shock: She Wants Revenge, The Donnas, CKY, and more |last=D'Andrea |first=Nika |date=August 17, 2007 |website=[[Phoenix New Times]] |access-date=January 3, 2019}}</ref> *The [[deathcore]] band [[Fit For An Autopsy]] has a song titled "Thank You Budd Dwyer," written about Dwyer and his suicide on their 2013 album ''[[Hellbound (Fit for an Autopsy album)|Hellbound]]''. The song criticizes the justice system, believing Dwyer to have been wrongly accused.<ref>https://genius.com/Fit-for-an-autopsy-thank-you-budd-dwyer-lyrics#:~:text=%E2%80%9CThank%20You%20Budd%20Dwyer%E2%80%9D%20is,conference%20on%20January%2022nd%2C%201987.</ref><ref>https://metalinjection.net/av/fit-autopsy-pay-tribute-politician-budd-dwyer-new-song</ref> *The 2006 American [[drama film]] ''[[Loren Cass]]'' shows footage of Dwyer's suicide.<ref>{{cite web |title=Loren Cass |url=https://variety.com/2007/film/reviews/loren-cass-1200558580/ |website=[[Variety (magazine)|Variety]] |last=Koehler |first=Robert |date=June 13, 2007 |access-date=January 3, 2019}}</ref> *In 2014, rap duo $uicideboy$ used a photograph of the event for their cover of their EP KILL YOURSELF PART 3: The Budd Dwyer Saga. *In 2005, in an episode of Back to Norm, [[Norm Macdonald]] staged a dark comedic parody of Dwyer’s death, ending a mock farewell by producing a handgun and cutting to black while a gunshot is heard.<ref>{{cite web |url=https://www.youtube.com/watch%3Fv%3DwquzFdug5y0&ved=2ahUKEwiHwruyg86SAxW5v4kEHVq1BAMQwqsBegQIFRAB&usg=AOvVaw18L0tfbCCB1iSncvX89b6j |title=Pilot Back to Norm|last=Macdonald|first=Norm |date=October 29, 2016 |website=youtube.com|access-date=February 9, 2026}}</ref>
==See also== *[[John Torquato Jr.]] *[[Robert B. Asher]] *[[William Trickett Smith]]
==References== {{reflist|colwidth=30em}}
==Further reading== {{refbegin}} * {{cite book |last=Grossman |first=Mark |title=Political corruption in America: an encyclopedia of scandals, power, and greed |url=https://archive.org/details/politicalcorrupt0000gros/page/108 |url-access=registration |edition=2003 |page=108 |year=2003 |publisher=ABC-CLIO |isbn=978-1-57607-060-4}} * {{cite book |last=Keisling |first=William |title=The Sins of Our Fathers |edition=2011 |year=2003 |publisher=Yardbird Books |isbn=978-0-9620251-0-5}} * {{cite book |last1=Yuhasz |first1=Lorraine |title=The Dwyer Case |date=1998 |publisher=Friends of Dwyer Committee |isbn=978-1-8826-1114-0}} * {{cite book |last1=Kerekes |first1=David |last2=Slater |first2=David |title=[[Killing for Culture|Killing for Culture: An Illustrated History of Death Film from Mondo to Snuff]] |year=1995 |publisher=Creation Books |isbn=978-1-871592-20-7}} {{refend}}
==External links== {{Commons category}} * {{Find a Grave|6129|R. Budd Dwyer}} {{s-start}} {{s-ppo}} {{s-bef|before=[[Patricia Crawford]]}} {{s-ttl|title=[[Republican Party (United States)|Republican]] nominee for [[Treasurer of Pennsylvania]]|years=1980, 1984}} {{s-aft|after=[[Phil English]]}} {{s-off}} {{s-bef|before=[[Robert E. Casey]]}} {{s-ttl|title=[[Pennsylvania Treasurer|Treasurer of Pennsylvania]]|years=1981–1987}} {{s-aft|after=[[G. Davis Greene Jr.]]}} {{s-end}}
{{Authority control}} {{Portal bar|Biography|Pennsylvania|Politics|United States}}
{{DEFAULTSORT:Dwyer, Budd}} [[Category:R. Budd Dwyer| ]] [[Category:1939 births]] [[Category:1987 deaths]] [[Category:1987 suicides]] [[Category:20th-century American educators]] [[Category:20th-century Pennsylvania politicians]] [[Category:Allegheny College alumni]] [[Category:American politicians who died by suicide]] [[Category:American politicians convicted of federal public corruption crimes]] [[Category:Bribery scandals]] [[Category:Filmed deaths in the United States]] [[Category:Filmed suicides]] [[Category:Male suicides]] [[Category:Politicians from Harrisburg, Pennsylvania]] [[Category:People from Meadville, Pennsylvania]] [[Category:People from St. Charles, Missouri]] [[Category:Pennsylvania politicians convicted of corruption]] [[Category:Pennsylvania politicians convicted of crimes]] [[Category:Politicians convicted of mail and wire fraud]] [[Category:Politicians convicted of racketeering]] [[Category:Republican Party members of the Pennsylvania House of Representatives]] [[Category:Republican Party Pennsylvania state senators]] [[Category:State treasurers of Pennsylvania]] [[Category:Suicides by firearm in Pennsylvania]] [[Category:Schoolteachers from Pennsylvania]] [[Category:Television controversies in the United States]]