Thomas Markle, the estranged father of Meghan, Duchess of Sussex, was ordered back into federal custody in Florida on Tuesday after a judge found that he violated the conditions of his pretrial release by removing an electronic ankle monitor. The 82-year-old had been released to home detention only days earlier following his arrest on a federal charge involving child sexual abuse material.
Federal prosecutors said Markle removed the monitoring device early Tuesday morning while staying at a senior care facility in Lakeland, Florida. First Assistant U.S. Attorney Bill Essayli said the bracelet was cut off at about 1:45 a.m. and prosecutors immediately asked the court to revoke Markle’s release.
Markle appeared later Tuesday before a federal magistrate judge in Tampa. Reuters reported that the judge ordered him detained without bond after finding that his release conditions had been violated and that his housing arrangement could no longer provide an adequate safeguard.
The detention order came four days after Markle was arrested by FBI agents on November 6. The Justice Department said he is charged in a federal criminal complaint with one count of possession of child pornography. Prosecutors allege that he kept child sexual abuse material in two storage units in the Los Angeles area that he had rented for nearly two decades.
According to the Justice Department, FBI agents seized approximately 78 items from the units. The material included photographic slides, film negatives and books that investigators believe contain child sexual abuse images. A federal affidavit alleges that some of the seized images appear to show Markle with minor girls.
The allegations have not been proven in court. Markle has denied possessing child sexual abuse material and has publicly rejected accusations made against him. If convicted on the federal possession charge, he could face up to 20 years in prison.
The federal complaint was filed after investigators learned of allegations involving material reportedly found among Markle’s belongings in the Philippines, where he had lived before returning to the United States. Authorities then identified two storage units connected to him in the Los Angeles area and obtained a warrant to search them.
The Justice Department said Markle had rented the units since at least 2008 and had continued making payments. The FBI was still reviewing the seized material when the charge was announced, and prosecutors said the investigation was continuing.
Markle was arrested at the Florida senior care facility where he had been staying while receiving medical assistance. He has experienced serious health problems in recent years and had part of his left leg amputated. His medical condition became an issue during his first court appearance on Friday.
Magistrate Judge Lindsay S. Griffin ordered a psychiatric examination after citing Markle’s age, health and apparent problems recalling information during the hearing. The examination is intended to determine whether he is mentally competent to understand the proceedings and assist in his defense.
After Tuesday’s hearing, the judge directed that Markle receive a prompt medical evaluation and, where practicable, be held separately from the general jail population. His criminal case is expected to proceed in California because the charged conduct involves the Los Angeles-area storage units.
The return to custody is separate from the question of guilt on the possession charge. Pretrial release can include court-ordered restrictions such as home detention and electronic monitoring, and a judge can revoke release if those conditions are violated.
Meghan has been estranged from her father for years. Their relationship deteriorated around the time of her 2018 wedding to Prince Harry, and Thomas Markle did not attend the ceremony at Windsor Castle.
In October, before her father’s federal arrest, Meghan said she was “deeply distressed” by reports concerning alleged child sexual abuse images. She said a letter containing troubling allegations about her father had been shared with her and that she had been assured authorities were looking into the matter.
Meghan said the concerns helped explain why she kept her distance from her father and did not allow him to have contact with her children, Prince Archie and Princess Lilibet. She also said her thoughts were with any children who may have been harmed.
There is a discrepancy over when the warning letter reached British authorities. Meghan said a letter was sent to the Metropolitan Police and Royalty and Specialist Protection in 2018. The Metropolitan Police later said it received a letter in 2019 and acknowledged that the allegations were not passed to other law enforcement agencies at the time.
The force said it was reviewing how the matter had been handled and whether the case should be referred to Britain’s police watchdog. The date difference has not changed the central point that Meghan said she had been alerted to disturbing allegations years before the current federal case.
The case has also drawn political attention. Republican Representative Anna Paulina Luna of Florida called for Markle to receive the death penalty after details of the allegations became public. The federal charge currently filed against Markle carries a maximum prison sentence of 20 years, not capital punishment.
That distinction is important because Luna’s statement does not reflect the punishment authorized for the charge Markle currently faces. Any additional charges would require separate action by prosecutors and would have to be supported by evidence and applicable federal law.
Tuesday’s detention decision does not determine whether Markle is guilty of the underlying charge. It concerns whether he can remain free while the case is pending and whether he complied with the court’s conditions after his initial release.
Federal prosecutors have said the investigation remains active. The FBI is continuing to review the material seized from the California storage units, while questions about Markle’s medical and mental competency are also expected to affect the next stages of the case.