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.

She says, "Sure, I'd know better than to bring a stranger into my house if I wasn't drinking alcohol. That's one thing I wouldn't have done if I was sober. But that doesn't give someone the right to beat the holy hell out of you and leave you in a trauma ward."

And it doesn't give a county prosecutor the right to laugh at and insult the victim, which is what Boyden says Zettler did to her.

Zettler was given the opportunity to comment for this story through his attorney, Gerald Strick, and county attorney spokesman Bill FitzGerald, and did not respond.

This was not the first time Zettler had been accused of making inappropriate statements on the job. In fact, he was demoted and given a pay cut of 10 percent last year, specifically because of his "rude and sarcastic attitude" toward law enforcement agencies.

County attorney officials have compiled detailed complaints levied by Phoenix police, State Capitol police and the Department of Public Safety.

Among them is a specific instance of Zettler's insensitivity, involving a crime suspect named George Gardner. "Gardner, an 18 year-old allegedly chased a 14 year-old around his grandmother's home with a cutlery knife with a 10 inch blade," writes chief deputy county attorney Paul Ahler in a letter to Zettler. "Your response to this incident--'maybe W1 [the grandmother] needs to learn how to take a joke?'--demonstrates a callous attitude toward a serious offense."

Zettler's comment had been included in a written "turndown" letter sent to police.

Replying to Ahler, Zettler writes that the Gardner turndown letter was drafted after a discussion with police. "It is my recollection that they [police] felt the same way about the case as I did. Not all submittals, no matter how serious, are totally devoid of humor."

Hugo Zettler is appealing his demotion. A hearing is scheduled for April 14. He remains an adjunct professor at the Arizona State University College of Law, where he teaches in a clinic designed to give law students prosecutorial experience.

Mike Logan says he's living out of his truck, financially ruined by Kim Boyden's accusations. Even though he was cleared of the charges, friends, employers and associates who learned of his arrest have deserted him, Logan says.

"Who's the victim here?" he asks.
"You want to hurt somebody, get them financially, and that's exactly what happened. I'm paying through the nose. I mean, I'm eating at Burger King every night because all I can afford is a 99-cent burger, and then I save a little money so that when I have my daughter, I can stay someplace nice and take care of her. You know, that's the number one person in my life, and about the only one who really is true to me."

Logan and his daughter spend every other weekend together.
When he hears that he's to be the subject of a story, Logan says, "She's a woman, I'm a guy, and guys shouldn't do this, huh? So no matter what you print, or how you make it look, here I am again. I'm gonna get fucked over again, no matter what. She's doing a good job of getting me, that's for sure."

He adds, "This woman isn't happy enough with destroying my life. She wants to see me dead in a gutter somewhere, because she doesn't want to face the truth."

The truth, Logan says, is that Boyden brought him home for sex, they wrestled, she hurt herself, and was too ashamed to admit it to her family.

"Even the detectives said, 'We don't think you're the type to do this.' I mean, they were basically on my side, but they have to be on the side of the so-called victim. But, sometimes, the so-called victim is the person who turns the other person into the victim," Logan says.

But what about the bruises, the cuts, the broken nose?
"I saw her three days later [at the arraignment], and I didn't see any bruising on her. She healed awful quick, I know that, so it couldn't have been that severe," Logan says. He doesn't remember her having black eyes.

(Photographs taken the day prior to the arraignment appear on page 29.)
"I'm a nice person, believe it or not," Logan says. "I'm a good person. It was stupid, what happened. It was bad judgment, on both of us, and what happened was purely an accident. It wasn't intentional, malicious or criminal. Just make sure you say that, because I'm not like that."

Last week, Kim Boyden renewed her order of protection against Michael Logan. She must renew it every six months.

For his part, Logan says, "I've avoided being anywhere near where she might live or go. She put another restraining order on me--I got that today. I don't have a problem with that because I don't want no part of her. I don't want to be around anywhere she's at."

Now, more than six months after her initial bout with the legal system, Boyden still has questions. Like, when will the Scottsdale prosecutor's office decide whether to file charges against Logan? Wait and see, the office tells New Times.

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