Judge denies mental health diversion for ex-Poway councilman Tony Blain

A San Diego County judge rejected a request on Monday to place former Poway City Councilman Tony Blain into a mental health diversion program. The denial keeps his criminal case alive. Blain faces charges of perjury, soliciting bribes, destroying public records, and stealing campaign signs.

Blain, 60, was elected to represent the 2nd Council District on Nov. 5, 2024. He resigned on Nov. 5, 2025. That date fell one day after a special election showed district voters overwhelmingly favored his removal. Prosecutors filed criminal complaints against him last year. A sworn complaint to the Fair Political Practices Commission formed the basis of the perjury charge. Blain falsely stated he was already a council member before his election.

His defense team filed a motion for diversion last month. They argued that Blain suffered from post-traumatic stress disorder stemming from military service. A psychiatrist stated that this condition overwhelmed his executive function and impaired his judgment. Attorney Stefano Molea told the court that Blain viewed politics as a military conflict. Molea said Blain acted on the belief he was fighting against people doing the public wrong.

Deputy District Attorney Chandelle Boyce opposed the motion. She argued the diagnosis did not play a significant role in the offenses. Boyce noted that Blain carried out the alleged crimes with deliberation and strategy. She also pointed out that the condition did not impair his performance in the military or his career as a medical doctor.

Superior Court Judge Polly Shamoon sided with the prosecution. She stated there was clear and convincing evidence showing no connection between Blain's mental health issues and the offenses. Blain remains out of custody on his own recognizance.

The council voted 4-0 to censure Blain. That was the first time the governing body took that action. The city also filed a civil lawsuit alleging Blain destroyed public records and failed to follow the California Public Records Act. The suit claims he conducted city business on private email accounts, text messages, and the encrypted Signal app. He then deleted some of those messages. A judge refused to dismiss that lawsuit earlier this year.

Blain previously described the recall effort as political backlash. He said it was designed to block him from participating in council meetings and to punish him for asking tough questions. Mayor Steve Vaus attended Monday's hearing. Vaus said he was pleased with the judge's decision. He said Blain eroded public trust and caused people to distrust government. Vaus added that the situation put a stain on how the city operates and that officials are still working to recover.