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.

The day he made his house call, and saw the extent of Boyden's injuries, Finkel advised her to get an order of protection against Logan. She did.

Finkel accompanied Boyden to a meeting with three representatives of the Maricopa County Attorney's Office, during which Boyden requested that her case be presented to another grand jury. She cited the additional injuries that were documented after the first grand jury made its decision, and her additional testimony, finally taken by Detective Popp on September 27, indicating she'd been punched.

The County Attorney's Office refused--and continues to refuse--to reopen the case.

Lou Stalzer, deputy county attorney and a supervisor at the office's southeast division in Mesa, was not at the grand jury proceeding, but he was at that meeting.

Stalzer says, "In essence, when we read over the materials supplied by the detective upon the follow-up interview, there was not information there that was significantly different, which would warrant us in good faith to go back before the grand jury."

Furthermore, Stalzer says, Boyden's allegations of sexual assault are difficult to prove. It's a he said/she said--and neither story matches the crime scene exactly. She may have run from the house naked and bleeding, but her clothing--found on the floor of the bedroom--wasn't ripped. And Boyden readily admits she doesn't remember much of what went on between the time she disengaged the alarm and wound up sitting in her neighbor's hallway--even now. Thus, Stalzer argues, it would be difficult to prove her allegations of aggravated assault, even with extensive medical records detailing her injuries.

Finkel doesn't buy that.
"If it was consensual sex--and I will indulge that position, because Ms. Boyden won't--but if it was a little drunken kissy-kissy, huggy-huggy stuff, he [Logan] ended up beating her to within an inch of her life," Finkel says.

"Nobody gives consent to having their face broken [bruised], their nose broken, their larynx crushed and human bite marks throughout their chest, and end up in the hospital for two and a half days. That doesn't happen."

Logan still maintains that, in fact, that is just what happened.
"Things got out of hand," he tells New Times. "She got rough. Fell on the floor. Busted her head open. I got scared, left. Next thing I know, I'm being charged with things that didn't happen."

But what about the bruises on Boyden's throat, or the bites and bruises that covered her breasts?

"Like I said, we tried [to have sex]," Logan says. "We couldn't do anything, and she got mad. And we wrestled. And that's it."

And the 16 stitches in Boyden's forehead?
"When you fall off the bed, and your face hits flat on the carpet, that's what happens," he says.

And if, as he claims, Logan did nothing wrong, why did he flee, and initially lie to police?

"I got scared."
He was exonerated, Logan says, because "my story jibed, and so did the evidence at the scene. It matched everything I said."

Not quite. At the time of the alleged attack, police noted that the floor fan apparently had not moved. If it had, it would have left a ring in the carpet. Logan says he or Boyden must have placed it back in exactly the spot where it had stood.

Boyden, who recalls so little of the afternoon's events, has only her injuries as proof of what happened.

But it wasn't nearly enough for county prosecutors.
"They [the county attorney's staff] probably deal with so many subterranean people all day long that they get really world-weary and cynical," Brian Finkel says. "They just don't give a shit, and they're probably saying, 'She was drunk, she took him home, they started screwing and it got out of control, and tough. We tried. Go away. Next crime. Who got shot?'"

Actually, that's not what the county attorney's staff is probably saying. It's pretty close to what county prosecutor Hugo Zettler did say to Kim Boyden.

Ironically, Zettler probably wouldn't have come into contact with Boyden's case if it hadn't been for the fact that he had been reassigned months earlier--for violating a victim's rights in an unrelated case.

In January 1996, Maricopa County Attorney Rick Romley reassigned Zettler to the charging division--where attorneys present cases to grand juries--after it was revealed that Zettler had offered a lenient plea bargain to an offender without consulting the victim.

Romley used the occasion of Zettler's demotion to hold a press conference and announce that his office was in a "crisis," his prosecutors overworked, and his budget inadequate--by $5 million.

"Every victim has the right to be treated with respect and dignity," Romley said at the time. But that notion got lost when Boyden's case came up.

Zettler's reassignment tagged him to seek an indictment in the Boyden case. Catherine Leisch was the county prosecutor assigned to the case, but Zettler presented it to the grand jury. This is a standard procedure.

Boyden and Finkel were both horrified by Zettler's comments to Boyden. Obviously, Boyden admits, she took home the wrong guy. But no one else has had the huevos--or insensitivity--to tell her that.

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