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Ex- Abercrombie & Fitch chief executive Mike Jeffries was recorded saying to his British partner that they are screwed and in big trouble if he was declared fit to stand trial on human trafficking charges later this year, a federal court in NY has heard.

The taped conversations were part of in excess of 100 phone calls between the ex-fashion boss and Matthew Smith played during a multi-day legal competency session on Long Island on Long Island.

Jeffries' legal team contend that he is suffering with dementia and late onset of Alzheimer's and is incapable to stand trial next to his partner and their purported middleman in October.

Nevertheless, prosecutors say their medical experts determined his mental state has stabilized and that the calls demonstrate he is extremely preoccupied on being found unfit.

In further tapes, Jeffries states he is hoping for a favorable ruling, labeling being deemed competent as a calamity, and instructs a physician: you had better declare me unfit, the judge learned.

Judicial Process and Health Testimony

The calls were recorded the previous year while he was being held for four months in a treatment center at a US prison in North Carolina to assess if he could regain competency.

The 81-year-old had previously been found legally unfit previously but facility staff then declared in December that he was fit for trial subsequent to his evaluation.

The prosecution told the judge Jeffries frequently protested incarceration and was heard describing to Smith how awful prison was, stating: that's why we got to succeed.

Context

Jeffries, his partner Smith, 62, and their accused go-between James Jacobson, 73, were indicted with orchestrating a international trafficking and commercial sex business in October 2024.

They have pleaded not guilty the charges, which have a potential penalty of life imprisonment.

Their arrests followed an investigation that uncovered the group had been at the heart of a complex network recruiting young men for sex internationally while Jeffries was the head of Abercrombie & Fitch.

The Honorable Nusrat J. Choudhury will make a determination in May about whether Jeffries will be tried after reviewing the testimony of six experts - experts, doctors and brain specialists, including facility doctors - who were questioned in proceedings this week.

'Unrestrained' Behavior

A trio of defence experts, argue that Jeffries is mentally incompetent due to the after-effects of a traumatic brain injury, probable Lewy body dementia and Alzheimer's disease.

They stated that Jeffries exhibits socially inappropriate and off-color behaviour, which is part of a spectrum of symptoms.

Instances include Jeffries referring to the prosecution's professional psychologist a derogatory term, praising her hair, informing another expert his clothing was poorly tailored, and referring to his partner Smith as a midget, the court heard.

He was also taped in excruciating detail on approximately 20 jail conversations talking about his travel itinerary for the coming months, even though having been on home confinement since 2024.

"I can't go on trips without you," Jeffries was overheard telling Smith from incarceration.

Prosecutors contend this demonstrates his recognition that he would regain his freedom if he was found unfit and the case were dropped.

In contrast, the defense's medical experts disagree, arguing it instead underscores that Jeffries fails to recall his legal restrictions and the severity of the charges.

"There wasn't the normal emotional response that I would expect someone to have who is confronting such serious charges," stated one forensic psychiatrist who assessed Jeffries.

"On the contrary, his behavior during the evaluation... was almost like we were having lunch at his country club. There was no sign of anxiety."

Opposing Psychiatric Opinions

Evidence indicated there is evidence that Jeffries' mental decline commenced in 2013, when tests showed reduction in volume, which was exacerbated by a accident in 2018.

Jeffries had been consuming alcohol at the moment of the 2018 event and his medical records showed he continued drinking following being treated, but an expert told the judge he did not think his overall intake had a significant effect on his condition.

In the wake of the fall, Jeffries experienced psychosis, and started hallucinating, with one incident in 2019 where he was located in his underwear, unable to move, in a neighbour's garden.

Experts from a prison hospital stated that Jeffries was competent after evaluating him over several months in the facility.

They say his cognitive abilities did not match Alzheimer's disease, which the court heard could not be conclusively diagnosed until an examination could be performed.

"Even given the reduction that Mr Jeffries has experienced... he still is brighter and more able cognitively than probably 95% of the inmates that we assess for fitness," stated one expert.

Jeffries, dressed in a suit and tie in the hearing, was described as jovial and quite charismatic during meetings in prison, and was deliberately pushing boundaries, on occasion using disrespectful terms.

They diagnosed Jeffries with slight deficits and indicated his results may have risen since 2023 from borderline or impaired to normal because of abstinence from alcohol and more consistent treatment during his confinement.

109 Prison Calls Present Issues

Central to determining competency is whether Jeffries comprehends the allegations against him, their penalties, the {legal proceedings|court process|trial