Not Victim Enough

Kimberly Boyden got choked, broken and bitten when Michael Richard Logan got rough. But county prosecutors say she doesn't have a case.

Logan struck up a conversation with Kim Boyden, over her Stoli on the rocks and his Black Russian. The two had a lot in common. They'd both grown up in Michigan. They'd both had a rotten morning. And, that day, August 12, 1996, both had stopped at Eli's Bar and Grill in Scottsdale for a lunchtime cocktail.

Sometime before sunset, many hours--and many drinks--later, Boyden pulled into the garage of her southeast Scottsdale home. Logan was in the passenger seat.

About an hour later, Boyden emerged from a sliding glass door along the side of the house. Naked, bleeding from gashes in her forehead, lip and mouth, her breasts covered with human bite marks, she opened her back gate and ran to a neighbor's house where, wrapped in a sheet, she slumped in a hallway and waited for the paramedics and the police. Shaking, disoriented and still drunk, she muttered, "He's going to kill me, he's going to kill me, he said he would kill me."

Logan disappeared.

Kimberly Boyden, 33, spent the better part of the next three days in the hospital. As she drifted in and out of consciousness the first night, she told Scottsdale police and hospital personnel she couldn't recall much of what had gone on in the house after she'd shut off her security alarm and walked in; but she did know that she had been raped and beaten by Logan. She remembered that Logan held his hand over her nose and mouth, suffocating her, while he entered her from behind.

On August 15, Michael Richard Logan, 39, was arrested by Scottsdale police on charges of sexual assault and aggravated assault.

Initially, Logan told Scottsdale police detectives Sean Bailey and Scott Popp he had blacked out from all the alcohol he had consumed, and could not recall any of the events that occurred in the house. He also told them that the fact he'd shaved off his goatee since that night was coincidental.

But a few minutes later, Logan's memory scored a magnificent revival. After Bailey and Popp told him about Boyden's allegations, Logan suddenly was spewing information.

Rough sex, said Logan. The gash on Boyden's forehead, the cut on her lip, the broken nose, the bruises indicating attempted strangulation--all the result of rough sex. She fell off the bed, he rolled over on top of her, she knocked a floor fan over onto him. No hitting, no punching. Maybe his hands found their way around her neck once or twice, but only to keep her at bay. As for the bites on her breasts, Logan explained that he has false teeth, and didn't realize what he was doing.

When Boyden ran out of the house, Logan said, he had a panic attack and left.

Actually, said Logan, they didn't even have sex. Yes, there was foreplay, he admitted, but no sexual intercourse. What about the semen-filled condom found in Boyden's bedroom, Popp asked.

Not mine, Logan said, challenging police to take his blood and test the semen. He claimed he can't get an erection when he's drunk.

Ten days later, Logan was released after a grand jury failed to indict him.
Seven months later, Boyden is still waiting for Scottsdale police to test the condom.

And that's not all she's waiting for.
She is still waiting for police and prosecutors to take her case seriously. Frustrated, disgusted--and desperately afraid of Mike Logan--Kim Boyden has no other options in trying to bring her case to trial.

In preparing this story, New Times reviewed the 216-page Scottsdale police report and Boyden's extensive medical records, and interviewed both Boyden and Logan, along with officials from the Maricopa County Attorney's Office and Scottsdale Police Department.

The reports and the records and the interviews all tend, ultimately, to lead an unbiased reader to the same conclusions that Boyden has drawn: The police and county attorney have failed to take routine steps to bring this case to justice--steps like testing the condom or presenting the case to a grand jury again after subsequent medical reports and testimony indicated far more serious injuries. And, instead, they've chosen to heap insult after insult on top of Kim Boyden's injuries.

County prosecutors say they've done all they can do, all they are going to do. The possibility remains that Logan will be prosecuted in Scottsdale Justice Court, with the chance of much lighter penalties.

Since she can't rely on support from law enforcement, Boyden has turned to her doctor for help.

Brian Finkel, Boyden's gynecologist of 12 years, made a house call August 15, the day after she was released from the hospital.

"I see victims of domestic violence all the time," Finkel says. "I have never seen one of my own personal patients beaten so savagely. I just couldn't believe that this case wasn't being prosecuted." He wondered, "What the hell's going on here?"

The nut of Boyden's complaints boils down to the following:
* After the grand jury did not indict Logan, Boyden waited weeks for a face-to-face meeting with county attorney officials, who then tried to explain, she says, that her injuries were not severe enough to warrant felony prosecution, despite her doctor's position.

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