Poway judge rules ex-councilman's PTSD did not drive perjury charges

A San Diego County judge ruled Monday that former Poway City Councilman Tony Blain’s military trauma did not directly cause the crimes he faces, effectively ending his attempt to have his criminal case dismissed through a mental health diversion program.

Superior Court Judge Polly Shamoon agreed with the prosecution’s argument, stating she found clear and convincing evidence that there was no connection between Blain’s mental health issues and the alleged offenses. The ruling keeps the perjury and bribery charges alive for the 60-year-old former official.

Blain’s legal team filed the diversion motion last month, arguing that he developed post-traumatic stress disorder from his military service. A psychiatrist’s opinion, cited in the filing, claimed the diagnosis overwhelmed his executive function and impaired his judgment. Defense attorney Stefano Molea told the court that Blain viewed politics as an adversarial military conflict, acting out of a belief that he was fighting against people doing the public wrong.

Deputy District Attorney Chandelle Boyce countered that the diagnosis did not prevent Blain from acting with deliberation and strategy. She noted that the condition did not impair his ability to serve in the military or maintain a career as a medical doctor. Judge Shamoon sided with the state on this point.

The criminal complaint alleges Blain committed perjury in a sworn complaint to the Fair Political Practices Commission. In that document, he falsely stated he was a council member prior to being elected. The complaint also accuses him of soliciting a bribe to vote for appointing another council member, destroying public records, and stealing campaign signs.

Blain was elected to represent Poway’s 2nd Council District on Nov. 5, 2024. He resigned on Nov. 5, 2025, one day after special election results showed district voters overwhelmingly favored recalling him. Proponents of the recall cited bribery attempts, vote trading, and the use of his position to silence critics.

The city council voted 4-0 to censure Blain, the first such act in the governing body’s history. The city also filed a civil lawsuit alleging he conducted business on private email accounts, text messages, and the encrypted Signal app, then deleted some of those messages. A judge refused to dismiss that civil suit earlier this year, and the case remains ongoing.

Blain remains out of custody on his own recognizance. He previously described the recall effort as political backlash designed to block his participation and punish him for asking tough questions. Poway Mayor Steve Vaus attended Monday’s hearing and said he was pleased with the decision. Vaus stated that Blain eroded public trust and put a stain on the city’s reputation.

The defense had argued that successful completion of diversion terms, which include treatment and avoiding new law violations, would result in dismissal of the charges. With the motion denied, Blain must now proceed through the standard criminal court process for the perjury and bribery allegations.