Ex-Poway councilman Tony Blain denied mental health diversion by judge
Former Poway City Councilman Tony Blain, who faces criminal charges alleging he committed perjury and solicited bribes, was denied a bid Monday to enter a mental health diversion program, which could have resulted in his criminal case’s dismissal.
Blain was elected Nov. 5, 2024, to represent Poway’s 2nd Council District. He was set to be removed from his seat by voters following allegations of vote trading and clashes with his colleagues on the city council, but resigned Nov. 5, 2025, one day after special election results indicated district voters overwhelmingly favored recalling him.
Blain, 60, whose legal name is Arthur Anthony Blain IV, was charged by prosecutors last year.
A criminal complaint alleges Blain committed perjury in a sworn complaint to the Fair Political Practices Commission in which he falsely stated he was a council member prior to being elected.
The complaint also alleges Blain asked for a bribe in exchange for voting to appoint another council member, destroyed public records and stole campaign signs.
Blain’s defense attorneys filed a mental health diversion motion last month, which can be granted for defendants suffering from mental disorders that were a significant factor in committing offenses.
If granted, defendants must complete certain diversion program terms, such as undergoing treatment and not committing any new law violations.
Successful completion of the diversion terms results in dismissal of the criminal charges.
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Blain’s attorneys argued in their motion that he developed post traumatic stress disorder from his military service and that per a psychiatrist’s opinion, the offenses he’s charged with were a direct result of that diagnosis, which “overwhelmed his executive function, impairing his judgment.”
Defense attorney Stefano Molea argued during a Monday afternoon court hearing that Blain viewed the political sphere in adversarial terms, like military conflicts, and that he acted out of belief that he was “fighting against people who are doing the public wrong.”
Deputy District Attorney Chandelle Boyce argued the diagnosis did not play a significant role in the case, as it did not prevent him from carrying out the alleged offenses with deliberation and strategy, while also not impairing him in his military service or his career as a medical doctor.
Superior Court Judge Polly Shamoon agreed with the prosecution, stating she found “clear and convincing evidence that there was no connection” between mental health issues and the offenses.
Blain remains out of custody on his own recognizance.
Proponents of Blain’s recall said he engaged in bribery attempts and vote trading, and also used his position on the council to silence his critics.
The Poway City Council voted 4-0 to censure Blain, the first such act in that governing body’s history.
The city also filed a lawsuit against Blain for allegedly destroying public records and failing to comply with the California Public Records Act. The lawsuit alleged Blain conducted city business on private email accounts, through text messages, and on the encrypted Signal app, then deleted some of those messages.
The civil case remains ongoing, with a judge refusing earlier this year to dismiss the lawsuit.
Blain previously described the recall effort as “political backlash … designed to block me from fully participating in council meetings and to punish me for asking the tough questions taxpayers deserve to have answered.”
Poway Mayor Steve Vaus, who attended Monday’s court hearing, said that he was pleased with the judge’s decision to deny diversion.
“He eroded public trust,” Vaus said of Blain. “I think he caused people to distrust government. It’s tragic in these days. 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.”
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