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 sentence will depend in part on his mental capacity and the ages of the girls shown in the allegedly illegal images.
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 82-year-old estranged father of the Duchess of Sussex, was allegedly storing the items there.
One image reportedly showed what investigators described as a “pre-pubescent girl” with her legs spread and her vagina visible to the camera.
The complaint says the girl appeared in two images with a clothed Markle touching her. “The child’s nudity, pose, and the adult man’s actions appear designed to elicit a sexual response from the viewer,” investigators wrote.
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 a sentence of up to 10 years if convicted of possessing the material.
Should investigators determine that the girls were younger than 12, as the complaint’s reference to a “pre-pubescent” child suggests, legal experts told Our News Outlet that Markle could face up to 20 years in prison—potentially the remainder of his life.
That estimate applies only to the material allegedly found in Los Angeles.
The possible penalties could be considerably higher if Markle were charged and convicted in connection with similar material allegedly kept in Mexico or the Philippines, where authorities are investigating two additional caches.
Thomas Markle, the Duchess of Sussex’s estranged father, 82, was arrested by the FBI in Florida on Friday on allegations that he possessed child pornography
Markle Sr.’s arrest raises questions about who knew of the allegations, and when, and why no action was taken sooner
The Mail’s discovery last week of Markle’s Mexican storage unit, followed by an alert to the FBI, helped lead to Friday’s arrest
Authorities in both countries are examining the images and videos in cooperation with US federal investigators.
The arrest occurred days after Our News Outlet alerted federal authorities to suspected child pornography found in a storage unit Markle had rented near his former home in Rosarito, Mexico.
In the Philippines, police are reportedly “very close” to filing charges against Markle after his son, Thomas Markle Jr., allegedly discovered child abuse images at the home they once shared last month.
Markle previously told Our News Outlet, “I had no storage units in Rosarito!” He has also denied wrongdoing related to 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 and handcuffed as officers wheeled him from the assisted-living and memory-care facility in Lakeland, Florida, where he had been staying for about a week.
He did not enter a plea during an initial court hearing Friday afternoon. The judge released him on bond and ordered him to remain under house arrest with electronic monitoring.
A central issue in the case is Markle’s mental health. Both Markle and his eldest daughter, Samantha, have said he is suffering from dementia.
Although details of any diagnosis remain unclear, legal experts told Our News Outlet that dementia would not necessarily provide a defense if Markle possessed the material before his condition developed.
The Duchess of Sussex and her husband, Prince Harry, were informed Friday about the material the FBI allegedly found in her father’s Los Angeles storage units
Meghan said she was “deeply distressed” by the allegations involving her father in the Philippines; she has not publicly addressed the developments in Mexico
Mexican police raided the Rosarito storage unit a day after Our News Outlet notified the FBI, entering the 5-by-10-foot vault shortly after midnight
A potential dementia diagnosis could also affect whether Markle is considered competent to stand trial or receive a sentence.
FIND OUT MORE: Karoline Leavitt Reveals New MAGA Role After Leaving Press Secretary Job to Focus on Motherhood
“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 conducted competency evaluations for two decades.
Murrie and other specialists said a key precedent could be relevant: the US Supreme Court’s 1960 ruling in Dusky v. United States.
That decision established that a psychiatric diagnosis, by itself, 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 Colorado clinical and forensic psychologist who has assessed about 40 people with dementia diagnoses for legal competency.
The Dusky standard examines three core abilities:
- Factual understanding of the proceedings—whether the defendant grasps basic information, including the charges and the roles of the judge, prosecutor and defense attorney.
- Rational understanding of the proceedings—whether the defendant can comprehend how the case relates to them in a logical way, rather than merely repeating facts. Delusions or other impairments may, for example, distort their understanding as they prepare for trial.
- Ability to consult with counsel—whether the defendant can help identify witnesses or evidence relevant to the defense. For Markle, that might include recalling where the alleged material came from, how and where it was downloaded, and whether anyone else had access to 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.
These abilities can be examined through neuropsychological and memory tests, including assessments of whether a defendant is exaggerating or deliberately overstating their 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 undated image allegedly found in the unit shows Markle on a bed with his arm around a young Asian woman; both are fully clothed. She reportedly appears alone and naked in several other images
The alleged stash included images investigators say showed Thomas Markle “abusing pre-pubescent girls”
Thomas Markle is pictured after his arrest in Los Angeles on allegations of possessing child pornography
Under federal law, a competency evaluation may last for a “reasonable period,” although it generally cannot exceed 30 days. The director of the examining facility may request an additional 15 days.
About half of the people assessed in these cases are ultimately found incompetent, Murrie told Our News Outlet.
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 of restoring full cognitive function.
Federal civil rights law prohibits holding defendants indefinitely when their competency is unlikely to be restored. In such circumstances, prosecutors could drop the charges, or the defendant could be civilly committed to a psychiatric facility.
The federal government operates three facilities for defendants in such cases, located in Butner, North Carolina; Springfield, Missouri; and Ayer, Massachusetts.
Markle arrives at court for his initial appearance in the US District Court for the Middle District of Florida in Tampa
FBI agents surrounded the 82-year-old’s Maravida Senior Living facility in Lakeland, Florida, before his release to house arrest Friday afternoon
A dementia diagnosis, along with a defendant’s age and overall health, may also be considered a mitigating factor that could reduce a sentence after a conviction.
The United States Sentencing Commission lists advanced dementia as a factor that may qualify someone for compassionate early release from prison.
Previous convictions could increase a federal sentence. However, a review of public records by Our News Outlet 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 theoretically receive a fine without a prison term.
The Daily Mail contacted Markle’s court-appointed attorney for comment but had not received a response.
