Judge denies mental health diversion for ex-councilman facing perjury and bribery charges

Tony Blain, the former Poway councilman accused of perjury and soliciting bribes, will proceed with his criminal trial after a judge ruled his mental health condition did not drive the alleged offenses. The denial of a mental health diversion program means his case will not be automatically dismissed if he completes treatment, keeping the criminal charges active against the 60-year-old former public official.

Blain was elected to represent Poway's 2nd Council District in November 2024. He resigned in November 2025, one day after special election results showed voters overwhelmingly supported a recall effort against him. Prosecutors charged him with multiple counts, including falsely stating he was already a council member in a sworn complaint to the Fair Political Practices Commission. The criminal complaint also alleges he asked for a bribe to vote for a specific appointment, destroyed public records, and stole campaign signs.

His legal team filed a motion last month to place him in a diversion program. This legal option is available to defendants with mental disorders that were a significant factor in committing their crimes. If successful, the program requires treatment and a period without new violations, leading to the dismissal of charges upon completion. The defense argued that Blain suffered from post-traumatic stress disorder due to his military service.

Stefano Molea, Blain's defense attorney, told the court that a psychiatrist found the disorder overwhelmed Blain's executive function and impaired his judgment. Molea stated that Blain viewed political conflicts as adversarial, similar to military combat. He argued that Blain acted out of a belief that he was fighting against people who were 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 performance in the military or his career as a medical doctor. Boyce argued that the mental health issues did not play a significant role in the specific offenses charged.

Superior Court Judge Polly Shamoon sided with the prosecution on Monday. She stated that the record contained clear and convincing evidence that there was no connection between Blain's mental health issues and the crimes. This ruling allows the criminal case to move forward in the Superior Court system in San Diego County.

Blain remains out of custody on his own recognizance. The city council had previously voted 4-0 to censure him, the first time that body had taken such action in its history. The city also filed a separate civil lawsuit alleging he conducted official business on private email accounts, text messages, and the Signal app, then deleted some of those records. A judge refused earlier this year to dismiss that civil suit.

Recall proponents had claimed Blain used his position to silence critics and engage in vote trading. Blain had described the recall effort as political backlash designed to block his participation and punish him for asking tough questions. Mayor Steve Vaus attended the Monday hearing and expressed satisfaction with the judge's decision.

Vaus said Blain eroded public trust and caused citizens to distrust government. He noted that the situation put a stain on how Poway is run, adding that the city is still trying to work its way back. The criminal case will now proceed to the next phase of litigation without the potential for diversion-based dismissal.