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Thomas Markle Sr. could potentially avoid standing trial over allegations that he possessed child pornography if his reported move into a dementia care home leaves him unable to understand the criminal proceedings or assist in his own defense, experts tell Page Six.
But the diagnosis alone won’t necessarily get the estranged father of Meghan Markle, 45, off the hook.
Former FBI agent Jason Pack tells Page Six that “a dementia diagnosis doesn’t automatically prevent an arrest if investigators have probable cause.”
“It could become relevant in court, but those are separate questions: whether someone can understand the charges and help with their defense, and whether they were legally responsible at the time of the alleged conduct,” he explains.
“A diagnosis alone answers neither,” he adds. “The evidence and the court process should decide the case, not the court of public opinion.”
Board-certified neurologist Dr. Jeremy M. Liff tells Page Six that a neurological disorder could complicate investigators’ ability to establish whether Markle, 82, was capable of making decisions at the time of the alleged offenses.
“There could be a problem with the idea that he would lack capacity or the capability of making his own decisions, and how that plays into being able to prosecute someone,” Liff says.
“In some ways, it’s sort of like an insanity plea, except in this case, you have an actual neurological disorder that does not allow you to make competent decisions.”
Liff explains that dementia can cause a person to lose inhibitions, particularly when the frontal lobe is affected.
“Typically, in dementia, there can be a lack of inhibition, especially in frontal lobe degeneration,” he says, noting that shoplifting and becoming suspicious of others are among the behaviors that can occur.
However, he cautions against assuming that dementia would explain the specific allegations against Markle.
“In the case of child pornography, certainly if you could demonstrate that someone who was accused was able to carry out the steps that it takes to obtain child pornography or to distribute it, then that goes against their dementia defense because they were able to carry out those other tasks,” Liff says.
“I think something that specific is not something that you could typically blame dementia on, but of course, it’s a case-by-case basis.”
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Forensic psychiatrist and expert witness Dr. Carole Lieberman tells Page Six that if Markle is ultimately charged, his legal team would likely bring in multiple medical experts to assess his mental and neurological condition.
That evaluation could include a review of his medical records from the past five years, psychological testing to determine competency, an in-depth psychiatric examination and neurological testing, she explains.
If he is deemed incompetent to stand trial, efforts could initially be made to restore his competency.
“However, most dementia cases cannot be reversed,” Lieberman says.
She adds that if Markle cannot be restored to competency, the charges could potentially be dismissed or he could be placed in an appropriate inpatient setting.
But that outcome is not automatic, and a finding that someone is incompetent to stand trial does not necessarily mean they cannot face legal consequences.
Markle’s reported diagnosis comes as authorities in the Philippines investigate allegations that he possessed child sexual abuse material.
Thomas Markle Jr., reportedly contacted authorities after allegedly discovering hundreds, if not thousands, of images depicting child sexual abuse among belongings at his father’s former home in Cebu.
The FBI has also acknowledged awareness of the allegations and said it would provide support to Philippine authorities as appropriate.
Markle Sr. has vehemently denied the accusations, calling them “sick lies” and telling the Daily Mail that he had never downloaded such material.
His daughter, Meghan Markle, said she was “deeply distressed” by the allegations and that her decision to keep her children away from their grandfather was made to protect them.
No criminal charges have been announced against Markle Sr. in connection with the allegations
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