Not Victim Enough

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Logan left, and Burgett called police. She told police she had reported incidents of domestic violence three times prior to that event.

When questioned about the incident at the time he was arrested for allegedly attacking Boyden, Logan told Scottsdale police Burgett had made up the story, because the two were in a custody battle over their daughter.

He tells New Times, "My ex'll call 911 on you if you just look at her wrong."

Burgett refused to comment.
In a vote that will never be known to the public, the grand jury decided, for whatever reasons, not to indict Logan. He was released from jail.

Days later, Kim Boyden was at home, recovering from nasal-reconstructive surgery. She began making phone calls, trying to learn the grand jury's decision. Popp said he didn't know, so she called the Maricopa County Attorney's victim protection office.

"They said, 'No true bill,'" Boyden recalls. "I said, 'What the hell does that mean, no true bill?'"

That means he walks, she was told.
"I came unglued," she says. She called Brian Finkel.
While she waits for a prosecutor to agree to take her case seriously, Kim Boyden does not have her own lawyer. Instead, she is unofficially represented by her gynecologist. Dr. Brian Finkel is no ordinary gynecologist. He is a high-profile abortion-rights advocate and practitioner who has spent years arguing with law enforcement officials regarding legal tactics designed by antiabortion activists to put him out of business.

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.

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Amy Silverman is a two-time winner of the Arizona Press Club’s Journalist of the Year award. Her work has appeared on the radio show This American Life and in the New York Times, the Washington Post, Lenny Letter, and Brain, Child. She’s the co-curator of the live reading series Bar Flies, and a commentator for KJZZ, the NPR affiliate in Phoenix. Silverman is the author of the book My Heart Can’t Even Believe It: A Story of Science, Love, and Down Syndrome (Woodbine House 2016). Follow her on Instagram (@amysilverman), Twitter (@amysilvermanaz), and at amy-silverman.com.