Prosecutors Change Their Minds

County attorney decides to charge man who allegedly attacked Scottsdale woman

In a 180-degree turnaround, the Maricopa County Attorney's Office has decided to prosecute a man who allegedly raped, beat and choked Kim Boyden in her Scottsdale home last August.

And not just in city court, as Boyden was once told. Mike Logan will be tried in Maricopa County Superior Court; county prosecutors for months refused to reopen the case after a grand jury failed to indict Logan.

On April 30, the Maricopa County Attorney's Office filed a complaint against Logan, bypassing the grand jury and charging him with one count each of aggravated assault and simple assault--felony and misdemeanor charges, respectively. Judge Ronald Reinstein scheduled a preliminary hearing for May 15, and released Logan on his own recognizance.

Logan refused to comment, as did his attorney, Howard Snader, and the deputy county attorney who will prosecute the case, Lou Stalzer.

Boyden says she is "extremely happy."
Boyden and Logan met in a bar last summer, drank together all afternoon, then went to her home ("Not Victim Enough," March 27).

He says they had foreplay, wrestled, and Boyden hit her head.
Boyden says her broken nose, bitten breasts and near-strangulation resulted from Logan's repeated beating. She also says he raped her.

According to police reports and Boyden's recollection, she emerged from her home naked and bleeding from gashes in her forehead, lip and mouth. She ran to a neighbor's and, once inside, slumped in a hallway and waited for the paramedics and police. Shaking, disoriented and drunk, she muttered, "He's going to kill me, he's going to kill me, he said he would kill me."

Boyden spent most of the next three days in the hospital.
Logan was gone when authorities arrived, but was arrested three days later and charged with sexual assault and aggravated assault.

However, a grand jury failed to indict Logan, and Boyden was unsuccessful in repeated attempts to convince county prosecutors to reopen the case--even after giving them additional testimony and medical records.

The day before New Times' story about Boyden was published, Scottsdale prosecutors decided to charge Logan with simple assault, an offense that carries a maximum jail sentence of only six months.

But after the story appeared, county prosecutors took back the case, and charged Logan with counts of both aggravated assault and simple assault. If convicted of both, he could face a sentence of two years.

Boyden says she is pleased that Stalzer--a career prosecutor with a stellar reputation--is handling her case. She's not looking forward to seeing Logan in court, but is anxious to have the proceeding over and done.

"I want this guy to go down so bad--but I guess the best way to quote me is I hope justice will prevail," she says. "How does that sound?

 
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