Weymouth Township Arsonist May Get a Chance to Clear His Record

William Kitsch admits he set fire to a Weymouth Township barn in 1989. But it was merely part of his undercover pact with the Atlantic County Prosecutor's Office to catch a criminal, he says.

Kitsch knew his neighbor had drugs and bombs, but he couldn't get any evidence. So he set a fire June 21, 1989, that led authorities to an elaborate marijuana-growing system and a cache of weapons and explosives on the burned property. He pleaded guilty to arson, believing his agreement with the state would wipe his record clean, according to court filings. It did not....Contiune Reading

"Only then will the judge be in a position to determine if the defendant was coerced into pleading guilty or relied on a promise that was not disclosed at the time of the plea," and whether the terms of that plea must be fulfilled, the appellate judges wrote in their ruling.

Kitsch claims he was working with the Prosecutor's Office in the months before the fire because his neighbor, Dino Starn, had talked about making homemade bombs and blowing up cars, the court papers state. After no success trying to buy drugs from Starn, Kitsch said he was pushed to get the job done, and set the fire to lead police to the pot-growing operation.

He reported the fire about 20 minutes later and said just before his sentencing that he did not intend to cause any real damage. The fire achieved the intended result: Starn was charged with possession of less than 5 pounds of marijuana, possession of marijuana with intent to distribute and possession of destructive devices.

At sentencing, the judge - who is not named in the filing - said "it would appear (Kitsch) acted out of character, by taking the law into his own hands in a stupid way, but for a good motive. He also has a decent background and is a hard worker and has no prior criminal record."

He was given a probationary sentence. The federal weapon-possession charge was dropped during the appeals process, according to attorney Michael Confusione, who represented Kitsch in the appeal.

"I think the bottom line is the fact that the defendant's allegations - if they're in fact true - would warrant some relief from his conviction," Confusione said. "It gives the defendant a chance to have his day in court."

Atlantic County Prosecutor Ted Housel was not in the office at the time of the alleged deal or the denial of Kitsch's 2003 application, but said he is looking into it.

"I am undertaking a review of the matter to learn the underlying facts," Housel said. "Because the assertions are 20 years old, I will not comment further until I have been better educated on the facts and issues."

E-mail Lynda Cohen: LCohen@pressofac.com