Thomas Markle Sr., who was arrested Friday on a federal charge of possessing child pornography, could face up to 20 years in prison if convicted. The potential penalty may depend on his mental state and the ages of the girls shown in images allegedly found in his possession.
According to a federal complaint, FBI agents searching two Los Angeles-area storage units rented in Markle’s name found slides, film negatives and books containing suspected child sexual abuse material. Markle, the estranged 82-year-old father of the Duchess of Sussex, allegedly stored the items there.
One image reportedly showed what investigators described as a “pre-pubescent girl” with her legs spread and her vagina exposed to the camera.
The girl appears alongside a clothed Markle in two of the images, the complaint states. It adds: “The child’s nudity, pose, and the adult man’s actions appear designed to elicit a sexual response from the viewer.”
If the girl—or any of the subjects in the 76 other images seized by the FBI on October 30—was between 12 and 17 when the photographs were taken, Markle could face up to 10 years in prison if convicted of possessing the material.
However, if investigators determine that the girls were under 12, as the FBI’s description of one as “pre-pubescent” suggests, legal experts told the Daily Mail that Markle could face a sentence of up to 20 years—potentially keeping him behind bars for the rest of his life.
And those potential penalties relate only to the material allegedly found in Los Angeles.
The sentence could be substantially longer if Markle were charged and convicted over alleged child sexual abuse material found in Mexico or the Philippines, where he is said to have kept two additional caches.
Thomas Markle, the estranged father of the Duchess of Sussex, was arrested by the FBI in Florida on Friday over allegations that he possessed child pornography
Markle Sr.’s FBI arrest raises questions about who knew of the alleged material, how long they knew and whether anyone took action
The Daily Mail’s discovery of Markle’s storage unit in Mexico last week, followed by an alert to the FBI, contributed to the latest development
Authorities in both countries are investigating the images and videos in coordination with US federal officials.
Friday’s arrest came days after the Daily Mail alerted federal authorities to a cache of suspected child pornography found inside a storage unit Markle had rented near his former home in Rosarito, Mexico.
In the Philippines, police are also reportedly “very close” to filing formal charges against Markle after his son, Thomas Markle Jr., allegedly found child abuse images at the home they once shared last month.
Markle previously told the Daily Mail, “I had no storage units in Rosarito!” He has also denied wrongdoing in connection with the alleged discovery in the Philippines.
Meghan Markle’s father, a retired Hollywood lighting and photography technician, was taken into federal custody early Friday. He was photographed scowling in handcuffs as he was wheeled from the assisted-living and memory-care facility in Lakeland, Florida, where he had been staying for about a week.
Markle did not enter a plea during an initial court appearance Friday afternoon. He was released on bond and ordered to remain under house arrest with electronic monitoring.
A central issue in the case is Markle’s mental capacity. He and his eldest daughter, Samantha, have said that he is experiencing dementia.
The details of any alleged diagnosis remain unclear. But legal experts told the Daily Mail that if Markle possessed the material before the onset of dementia, the condition would be unlikely to provide a strong defense against the possession charge.
The Duchess of Sussex and her husband, Prince Harry, were informed Friday about what the FBI allegedly found in her father’s Los Angeles storage units
The Duchess of Sussex said she was “deeply distressed” by allegations involving her father in the Philippines. She has not commented on the developments in Mexico reported last week
Mexican police raided the Rosarito unit a day after the Daily Mail alerted the FBI. Guardia Nacional officers who identified themselves as state sex-crimes investigators entered the 5ft by 10ft storage vault shortly after midnight
A possible dementia diagnosis could also affect whether Markle is considered competent to stand trial or receive a sentence.
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“Defense attorneys have an ethical duty to raise competence when they have genuine concerns that their client is understanding what they need to understand,” said Daniel Murrie, a professor of psychiatry and neurobehavioral sciences at the University of Virginia who has spent 20 years evaluating defendants’ competence.
Murrie and other specialists said a landmark 1960 US Supreme Court decision could be relevant to Markle’s case.
In Dusky v. United States, the court ruled that a psychiatric diagnosis alone does not determine whether a defendant is competent to stand trial.
“Dementia exists along a continuum… and depends on how specific people function,” said Dr. Nicole Schneider, a clinical and forensic psychologist in Colorado who has assessed about 40 people with dementia diagnoses for legal competency.
The Dusky ruling establishes a three-part standard for determining whether a defendant can:
- Understand the proceedings factually—meaning they grasp basic information, including the charges, as well as the roles of the judge, prosecutor and defense attorney.
- Understand the proceedings rationally—meaning they appreciate how the case relates to them rather than merely repeating information. Evaluators may consider whether delusions or other impairments are affecting their ability to prepare for or participate in a trial.
- Consult with counsel—meaning they can help identify witnesses or evidence relevant to their defense. In Markle’s case, that might include recalling where the alleged child sexual abuse material came from, how and where it was downloaded, and whether anyone else could access his computer or storage units.
“With a case of dementia, it’s a lot harder because memory is a big part of any defense case,” Schneider said.
Those abilities can be examined through neuropsychological and memory testing. Assessments may also explore whether a defendant is exaggerating or deliberately overstating cognitive limitations.
“Good evaluators are trained and ethically bound to consider the credibility of symptoms and whether defendants might be faking or exaggerating them,” Murrie said.
One image from the unit reportedly shows Markle on a bed with his arm around a young Asian woman, with both fully clothed. She appears alone and naked in several other photographs
The alleged child pornography cache reportedly included images said to show Thomas Markle Sr. “abusing pre-pubescent girls”
Thomas Markle Sr. is pictured after his arrest in Los Angeles over allegations that he possessed child pornography
Under federal law, a competency evaluation may last for a “reasonable period,” but ordinarily cannot exceed 30 days. The director of an examination facility can seek an extension of up to 15 additional days.
About half of the people assessed in such cases are found incompetent, Murrie told the Daily Mail.
Defendants deemed incompetent may receive treatment intended to restore their ability to stand trial. However, Murrie noted that dementia is rarely treatable to the point that full cognitive function can be restored.
Federal civil rights law prohibits holding defendants indefinitely when their competency is unlikely to be restored. In such circumstances, charges could be dropped, or the defendant could be civilly committed to a psychiatric facility and held involuntarily.
The federal government operates three facilities that house defendants in such circumstances—in Butner, North Carolina; Springfield, Missouri; and Ayer, Massachusetts.
Markle is pictured arriving at court for his initial appearance in the US District Court for the Middle District of Florida in Tampa
FBI agents descended on the 82-year-old’s Maravida Senior Living facility in Lakeland, Florida. Markle was released under house arrest Friday afternoon
A dementia diagnosis, along with a defendant’s age and overall health, can also be considered a mitigating factor that may reduce a sentence after a conviction.
The United States Sentencing Commission has recognized advanced dementia as a potential basis for compassionate early release from prison.
Previous convictions could increase a federal sentence. However, a review of public records by the Daily Mail found no indication that Markle has a prior criminal record.
The federal possession charge filed Friday carries no mandatory minimum sentence. If convicted, Markle could potentially receive a fine without serving time in prison.
The Daily Mail contacted Markle’s court-appointed attorney but has not received a response.
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