Judge rejects ex-city councilman’s PTSD diversion bid in SoCal corruption case

A San Diego judge rejected former Poway Councilman Tony Blain's request for mental health diversion, finding insufficient evidence his military-related post-traumatic stress disorder contributed to his purported misconduct as a city official.SAN DIEGO (CN) — A San Diego Superior Court judge on Monday had sharp words for a former city councilman from Poway, California, who sought to have his criminal prosecution diverted into mental health treatment after arguing that his military-related post-traumatic stress disorder contributed to his purported misconduct as a public official.Former Poway Councilman Arthur “Tony” Blain, 60, is accused of multiple counts of felony bribery, theft and perjury following his short stint on the city council that began in December 2024. Blain, a former Army colonel and a physician, was recalled in November 2025.His attorneys filed a motion for mental health diversion, arguing his career in the military resulted in him having a binary view of good versus evil, which led to his misconduct.But Superior Court Judge Polly Shamoon rejected the defense’s arguments in a bench ruling, finding Blain’s actions were the work of sophisticated and strategic political maneuvering that was not obviously connected to his PTSD.The District Attorney’s Office says Blain committed perjury when he submitted a sworn complaint to the Fair Political Practices Commission that claimed he was a current Poway council member in an attack against a political opponent. Blain is also accused of vote trading, which is a felony.“This seems to me nothing more than anger and resentment,” Shamoon said of the former councilman. “Because he is an unsuccessful and unliked politician, he lashes out. Those aren’t behaviors being motivated by mental health. That is not the purpose of mental health diversion.”Defense attorney David Shapiro argued his client’s judgment was clouded by PTSD after serving honorably in the military for decades.“It’s a fight or flight complex,” Shapiro argued. “In his mind, he is fighting against people he thinks are doing the public wrong. Dr. Blain was taking a position that he was righting a wrong. That same interaction is what took place during his time on the council.”But Shamoon questioned this argument.“He thought it was good for the people of Poway to lie?” Shamoon asked Shapiro. “When he realized what he did was wrong, he doesn’t stand down. He doubles down.”Blain is also accused of attempting to destroy evidence of his communications, which is also a felony.He faces a related civil lawsuit from the city of Poway over claims he violated California public records laws.Shamoon found insufficient evidence of a connection between his diagnosis and the crimes he is accused of.“There has to be a substantial connection to the crime, and that’s what I’m having a hard time with now,” she said.The connection did not have to be linear, Shapiro argued.“In this case, in his mind, the PTSD was shadowing his reality,” he continued. “He thought he was the hero. He is a physician. He doesn’t need this. He didn’t have to run for city council.”“If that’s true, why didn’t he back down?” Shamoon asked.“We may think that’s unreasonable, but that’s what the PTSD caused,” Shapiro said. “It goes to show this type of mentality — of the good he thought he was doing.”However, San Diego Deputy District Attorney Chandelle Boyce argued Blain’s PTSD symptoms did not appear to cloud his judgment in other aspects of his life.“We see the defendant was functioning at an exceptionally high level,” she said. “There is no evidence that he was having issues in these other domains of his life.”Blain acted out of defiance, not anxiety, she argued.“Look at the facts of the charged offense,” she said. “They were deliberate, strategic, and happened over a lengthy period of time. It doesn’t fit with him having a cognitive decline.”Poway Mayor Steve Vaus, who was present in the audience, said he was pleased with the judge’s decision to deny Blain’s motion for mental health diversion.“The judge clearly understood that this was systematic,” Vaus told reporters outside the courtroom. “It was calculated. It was for his personal and political gain, and it did not qualify him for mental health diversion.”Blain is said to have harassed city employees and was the first public official to be censured by the city last year.Vaus, who found himself in Blain’s crosshairs at one point, said the saga sowed distrust in the Poway government.“It’s tragic in these days,” Vaus said. “We’re proud of how we run Poway, and it put a stain on it, and we’re still trying to work our way back.”Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads