A judge on Monday rejected former Poway Councilman Tony Blain's bid to enter a mental health diversion program, denying him a path that could have ultimately wiped away criminal charges alleging perjury, bribery solicitation, theft and destruction of public records. Blain remains out of custody on his own recognizance as the case moves forward.
Superior Court Judge Polly Shamoon found clear and convincing evidence that Blain's mental health issues were not connected to the alleged offenses, according to NBC San Diego. Blain's defense attorneys had filed the motion seeking diversion, arguing that he developed post-traumatic stress disorder from his military service and that the diagnosis directly caused the charged conduct. Deputy District Attorney Chandelle Boyce countered that the diagnosis did not play a significant role in the case.
Mental health diversion under California law can be granted to defendants whose mental disorders significantly contributed to committing their offenses, with program terms typically requiring treatment and no new law violations. Successful completion can result in dismissal of the underlying criminal charges — meaning Blain's case could have gone away entirely had the judge ruled differently. Instead, prosecutors' theory that his conduct was deliberate and strategic prevailed.
What Prosecutors and the Defense Argued
Boyce argued that Blain's diagnosis did not impair him during his military service or his subsequent career as a medical doctor, and that it did not stop him from carrying out the alleged offenses in a calculated way. Blain's attorney countered that his client viewed politics as adversarial, much like military conflict, and that a psychiatrist believed the charged offenses resulted directly from his diagnosis, per the defense motion.
The criminal complaint against Blain, filed by prosecutors, alleges he committed perjury in a sworn complaint to the Fair Political Practices Commission by falsely claiming he was already a council member before he had been elected. It further alleges he sought a bribe in exchange for voting to appoint another council member, destroyed public records, and stole campaign signs — the full slate of charges that NBC San Diego's report lays out in detail.
From Election to Recall in One Year
Blain was elected Nov. 5, 2024, to represent Poway's 2nd Council District, but his tenure was short-lived. He resigned from the council on Nov. 5, 2025, one day after special-election results showed district voters overwhelmingly favored recalling him, the station reported. Recall proponents had accused him of bribery attempts, vote trading and using his council seat to silence critics; Blain has described the recall effort as political backlash meant to block his participation in meetings and punish him for asking tough questions.
Before his resignation, the Poway City Council voted 4-0 to censure Blain — the first such censure in the governing body's history. Mayor Steve Vaus, who attended Monday's hearing, said he was pleased with the judge's decision to deny diversion, adding that Blain eroded public trust and caused people to distrust government.
A Separate Fight Over Public Records
Blain also faces a civil lawsuit from the city alleging he destroyed public records and violated the California Public Records Act, a case that remains ongoing alongside the criminal proceedings. The city filed that lawsuit in April 2025, and it accuses Blain of conducting city business through private email accounts, text messages and Signal, and of deleting some of those messages, according to Courthouse News Service.
A judge earlier in 2026 refused Blain's request to dismiss that civil lawsuit, rejecting his argument that his resignation made the case moot. The same outlet reports the city says there are eight public-records requests seeking Blain's communications, but he has produced only two Facebook messages in response. That gap remains central to the city's ongoing case as both the civil and criminal matters against the former councilman continue through San Diego's court system.
