Thomas Markle facing up to 20 years in prison if convicted

Thomas Markle Sr, arrested Friday on a federal child pornography charge, could face up to two decades behind bars if convicted – depending on his mental state and the ages of the girls depicted in illicit images allegedly seized from his possession.

In a raid on two Los Angeles-area storage units in Markle's name, the FBI found the Duchess of Sussex's 82-year-old estranged father to be stashing slides, film negatives and books that contain suspected child pornography, according to a federal complaint.

There were images of what the complaint described as a 'pre-pubescent girl' spreading her legs, her vagina exposed to the camera. 

She appears with a clothed Markle touching her in two of the images, according to the document, which reads: '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 subjects of 76 other images the FBI seized on October 30 were 12 to 17 years old when the photos were shot, and Markle is convicted of possessing the images, he could face up to 10 years in prison. 

If the girls are found to have been younger than 12, as the FBI's language ('pre-pubescent') suggests in its criminal complaint, experts tell the Daily Mail that Markle could face as many as 20 years – likely the rest of his life – behind bars.

And that's just for the stashes found in LA.

Any potential sentences could be significantly longer if Markle were to be charged and convicted of possessing similar child sexual abuse material in Mexico or the Philippines, where he allegedly kept two other caches of child pornography. 

The Duchess of Sussex's estranged father Thomas Markle, 82, was arrested by the FBI in Florida on Friday for allegedly possessing child porn

Markle Sr's arrest by the FBI on Friday morning begs the question: Who knew, for how long, and did nothing? 

It was the Mail's discovery of Markle's storage unit in Mexico last week (pictured, above) and our immediate alerting of the FBI that has contributed to this long overdue outcome. 

Police in both countries are investigating those images and videos in collaboration with US feds.

Friday's arrest came just days after the Daily Mail alerted the feds to a cache of child porn found inside a storage unit Markle had rented near his former home in Rosarito, Mexico.

Separately, police in the Philippines are also said to be 'very close' to bringing formal charges against Markle after child abuse images were also allegedly found by his son, Thomas Markle Jr, at their formerly shared home last month.

Markle previously told the Daily Mail: 'I had no storage units in Rosarito!' and has denied wrongdoing in relation to the alleged Philippines discovery.

Meghan Markle's dad, a retired Hollywood lighting and photography technician, was taken into federal custody early Friday, photographed scowling in handcuffs while being wheeled out of the assisted living and memory care center facility in Lakeland, Florida, where he has been living for the past week.

He didn't enter a plea during an initial court hearing Friday afternoon and was released on bond, ordered to live under house arrest at his home under electronic monitoring.

Mainly in question is the dementia that Markle and his eldest daughter, Samantha, have claimed he is experiencing.

While the specifics of his alleged condition are unknown, if he possessed child porn before the onset of his dementia, legal experts told the Daily Mail that it wouldn't likely support an argument for his defense. 

The Duchess and her husband Harry, the Duke of Sussex, were told what the FBI had found stashed inside her father's LA storage units on Friday

The Duchess of Sussex said she was 'deeply distressed' by the allegations engulfing her father in the Philippines. She has not commented on the developments in Mexico since they surfaced last week

Mexican police raided the unit in Rosarito just one day after the Daily Mail alerted the FBI. Guardia Nacional officers who identified themselves as state sex crimes investigators entered the 5ft by 10ft vault just after midnight

Also at issue is whether a possible dementia diagnosis might affect his competency to stand trial and be sentenced.

'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, professor of psychiatry and neurobehavioral sciences at the University of Virginia, who has been evaluating people for competence for 20 years.

Murrie and other experts point to a landmark 1960 US Supreme Court ruling that could come into play in Markle's case.

That decision, Dusky v. United States, found that a psychiatric diagnosis alone doesn't settle the question of competency.

'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 evaluated around 40 people with dementia diagnoses for legal competency.

The Dusky ruling sets out a three-pronged standard that evaluates a defendant on:

• Factual understanding of the proceedings — meaning, do they comprehend basic facts such as the charges against them and the roles of the judge, prosecutor and defense lawyer?
• Rational understanding of the proceedings, such as whether they grasp how the case specifically pertains to them in a rational way, not just superficially. Are there, for example, delusions or other impairments confusing them about their case as they prepare for and stand trial?
• Ability to consult with counsel — in other words, can they come up with witnesses or evidence that could help in their defense? In Markle’s case, that could mean remembering where his alleged child sexual abuse materials came from, where and how they were 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.

Those three abilities can be assessed using a battery of neuropsychological and memory testing that also include gauging whether a defendant is overplaying their limitations to make them look more severely impaired.

'Good evaluators are trained and ethically bound to consider the credibility of symptoms and whether defendants might be faking or exaggerating them,' Murrie said.

Among the photos in the unit is an undated image of Markle on a bed and with his arm wrapped around a young Asian female, both fully clothed. She appears, alone and naked, in several other pictures as well

Among the stash of alleged child pornography, Thomas Sr held images that are said to be of him 'abusing pre-pubescent girls'

Thomas Sr is pictured after he was arrested over allegations of possession of child porn in LA

Under federal law, evaluations may last for a 'reasonable period, but ordinarily cannot exceed 30 days.' The director of an examining facility can ask for an extension of up to 15 days.

About half of the people evaluated in such cases are found incompetent, Murrie told the Daily Mail.

Criminal defendants found to not be competent may undergo treatment to try to restore their competency before trial. But, as Murrie noted, dementia is rarely treatable enough to make full cognition possible.

Federal civil rights law says defendants can't be held indefinitely if their capabilities are not likely to be restored. That might mean charges are dropped or a defendant is civilly committed to a psychiatric ward and held involuntarily.

The federal government has three facilities that house such defendants, in Butner, North Carolina; Springfield, Missouri; and Ayer, Massachusetts.

Markle, pictured arriving at court, made his initial appearance in United States District Court in the Middle District of Florida in Tampa 

FBI agents swarmed the 82-year-old's Maravida Senior Living care home in Lakeland, Florida. Markle was released under house arrest on Friday afternoon

Dementia diagnoses, as well as overall health and age, can also be 'mitigating factors' that could ease sentences for defendants who are tried and convicted. 

The United States Sentencing Commission has recognized advanced dementia as a potentially qualifying factor for compassionate early release from prison.

Prior convictions might add to a federal sentence. In a review of public documents, the Daily Mail found nothing indicating Markle has a past criminal record.

The child pornography charge he was slapped with Friday carries no mandatory minimum sentence. If convicted, it is possible Markle could receive a fine and no time behind bars.

The Daily Mail reached out to Markle's court-appointed attorney and has not heard back.