By Sheila McLaughlin
The Cincinnati Enquirer

LEBANON - A Loveland veterinarian with a history of discipline by the state licensing board was found not guilty of neglecting four horses at her Warren County farm. She admitted to the facts of the case but maintained they did not constitute a crime.

Diane Cummins walked out of court last month with an acquittal and a chance to save her professional license, even though her husband was found guilty in the same case.

The judge's decision to find Cummins not guilty became the center of a legal battle Tuesday that might land in the Ohio 12th District Court of Appeals.

In a hearing in Warren County Court, Judge Dallas Powers refused to reconsider his ruling despite arguments from prosecutors that he ignored a plea agreement and the evidence.

"The evidence the court heard was exactly the same evidence against both co-defendants," Assistant Prosecutor Joshua Engel told Powers.

Powers said: "There was no evidence it was her horse."

County Prosecutor Rachel Hutzel said she was puzzled by the judge's decision and might appeal it.

The Cumminses were accused in May 2002 of neglecting two horses and two ponies kept on their Senior Road property near Morrow. Court documents, including veterinarian reports, said that three of the animals were severely underweight, their hooves were grossly overgrown, and a halter on one of the horses was embedded into its skin. The animals - ranging in age from 2 to 10 years - have since been adopted and are thriving, Warren County Humane Association officials said.

Cummins, who practices at Loveland Animal Hospital, and her husband, Leslie, both pleaded no contest June 24 to two counts of misdemeanor animal cruelty, in exchange for the dismissal of two other cruelty charges.

Powers found Leslie Cummins guilty and sentenced him to two years' probation, 10 days of community service and a $250 fine. But, in a move that defense attorney Robert Karl described as "rare," Powers acquitted the veterinarian of the same charges.

Diane Cummins, who received a 30-day veterinary license suspension and a year probation in 1996 for gross incompetence and other violations - faced discipline from the state agency if she was found guilty of animal cruelty. Karl said the Cumminses decided to plead to avoid a two-week jury trial.

He agreed with Powers' decision, saying a judge is permitted to decide a defendant's guilt or innocence when a plea of no contest is entered on a misdemeanor charge. The plea means that the defendant admits the facts of the case, but does not agree that a crime was committed.

E-mail smclaughlin@enquirer.com