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.

Boyden presented county prosecutors with medical records made available after the grand jury's decision, detailing the full extent of her injuries, including a cheekbone so bruised it was originally suspected to be broken, concussion and throat damage so severe the doctor noted bruising on the inside of her larynx. Her dentist notes teeth loose in their sockets. Her chiropractor says her chronic back pain is directly attributable to the incident.

And still, no action from the county attorney.
* In January, Boyden approached Scottsdale city prosecutors. She's waited almost two months to hear back from them; they have the option of charging Logan with simple assault, a misdemeanor with a maximum jail sentence of six months. (He would face an average sentence of two and a half years if convicted in Superior Court of aggravated assault.)

Scottsdale city prosecutor Ann Garriott says the case is still under review.
* When Boyden asked Scottsdale police to let her purchase three or four of the photographs police had taken of her bruised, swollen face and bitten breasts, Boyden's only choice was to pay $2.25 each for all 129 photographs taken by police at the time of the incident--a total of $290.25.

And of those 129 photographs, only 22 were of Boyden at all. The rest were of her car and the crime scene. (Police had taken additional photographs of Boyden's injuries immediately after the alleged attack, but later said the film hadn't come out. So the only photographs Boyden can get her hands on were taken on August 14, after her bruises had begun to fade.)

* Although police took blood, hair and even pubic-hair samples from Logan, the condom has never been tested. Grudgingly--after being contacted repeatedly by Boyden and New Times--Detective Scott Popp last week located the condom and said he would send it to the Department of Public Safety for DNA testing.

But the most painful insult came on August 28, the day Boyden learned the grand jury had decided not to indict Logan. After hours of trying, Boyden finally spoke by phone with the county attorney who presented her case to the grand jury.

Boyden has spoken with so many people by now, she has to refer to her notes to keep the names straight. But not when it comes to deputy county attorney Hugo Zettler.

"Hugo Zettler, I'll never forget him," she says. "He said, 'Kim, you had too much to drink. You just took home the wrong guy. . . . I have a daughter just like you. I tell her all the time, "Don't bring home strange guys".'"

The worst part was that Zettler was laughing when he said it, Boyden recalls. Grand jury proceedings are completely, utterly, entirely secret--and so Kim Boyden can only speculate on what evidence Hugo Zettler did or didn't present to the grand jury, or why it chose not to indict Michael Logan.

The morning of Monday, August 12, 1996, did not start out well at all for Kim Boyden.

She'd been living in her new house for about two weeks when her burglar alarm went off, calling her home from the Phoenix office where she works as a commercial financier. Armed with her handgun, Boyden nervously walked through the house, checking every room. She was in the backyard when the gun accidentally discharged--leaving Boyden unhurt, but frightened.

To calm her frazzled nerves, she drove to Eli's for lunch and a drink. That's where she met Mike Logan. He, too, was having a bad day, he told her. He was involved in a custody battle over his 3-year-old daughter, was representing himself in court, and had taken the morning off to complete some legal documents due at his ex-girlfriend's attorney that afternoon.

Boyden ate some steak sliders along with her vodka. Logan just drank. They had been drinking for hours when he asked her to come along to the attorney's office to drop off the papers. Then they would dine, he said, at Marco Polo, a nearby restaurant.

That sounded okay to Boyden. But she insisted on driving. She thought she'd be safer in her own car. After the trip to the attorney, they proceeded to the restaurant, for more drinks. Logan later told police Boyden was all over him, making sexual advances; the bartender and two patrons told police the same. Logan also told police Boyden called a female friend, hoping to arrange a threesome.

Boyden denies that, and she denies making any sexual advances, as well. To this day, police have not bothered to interview Boyden's friend, Robin Marinakis, who tells New Times there was no discussion of a threesome. Marinakis and Boyden had made plans earlier in the day to have dinner. Marinakis says she recalls that when she spoke to Boyden on the phone that her friend urged her to join her at the restaurant, but Marinakis says she could hear Logan in the background, hustling Boyden to get off the phone.

Marinakis says she got in her car and drove to Marco Polo. By the time she got there, Boyden was gone.

Logan and Boyden didn't dine. Instead, she drove them to her house.
Boyden says she had intended to show off her new house, and get some advice on ceiling fans from Logan, who had told her he was an electrical contractor. (He's actually an electrician.)

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