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One-time the fashion retailer chief executive Mike Jeffries was heard on tape informing his UK-based partner that they are finished and in big trouble if he was declared competent to stand trial on human trafficking accusations in the coming months, a federal court in NY has heard.

The taped conversations were included in over 100 phone calls between the former retail executive and Matthew Smith cited during a four-day fitness to stand trial session on Long Island on Long Island.

Jeffries' lawyers assert that he is suffering with dementia and the onset of Alzheimer's disease and is incapable to be tried alongside his partner and their purported intermediary in October.

In contrast, prosecutors say their health professionals determined his condition has stabilized and that the recordings demonstrate he is extremely preoccupied on being ruled incompetent.

In additional tapes, Jeffries is heard saying he is hoping for a positive result, describing being deemed competent as a catastrophe, and says to a doctor: you had better declare me incompetent, the Central Islip court heard.

Legal Proceedings and Medical Testimony

The conversations were recorded in the past year while he was being treated for several months in a treatment center at a US prison in North Carolina to determine if he could recover competency.

The octogenarian had in the past been deemed not competent previously but prison officials then announced in December that he was fit for proceedings subsequent to his hospital stay.

Prosecutors advised the court Jeffries frequently protested prison conditions and was caught on tape describing to Smith how terrible incarceration was, stating: so we got to make this work.

Background

Jeffries, his partner Smith, 62, and their accused go-between James Jacobson, 73, were accused with operating a international sex trafficking and prostitution enterprise in October 2024.

They have entered not guilty pleas the accusations, which could result in a maximum sentence of life imprisonment.

Their arrests were prompted by an exposé that uncovered the three had been at the centre of a complex scheme recruiting men for sex internationally while Jeffries was the head of Abercrombie & Fitch.

Presiding Judge Nusrat J. Choudhury will make a determination in May about whether Jeffries will face trial after weighing the testimony of six experts - experts, psychiatrists and medical experts, including facility doctors - who were examined in court during the hearing.

'Inappropriate' Behavior

Several defence experts, argue that Jeffries is mentally incompetent due to the lingering impact of a head injury, probable dementia and Alzheimer's disease.

They said under oath that Jeffries demonstrates socially inappropriate and off-color behavior, which is symptomatic of a spectrum of cognitive symptoms.

Examples involve Jeffries referring to the prosecutor's professional psychologist a cunning bitch, remarking on her hair, informing another expert his clothing was poorly tailored, and describing his partner Smith as a dwarf, they say.

He was also heard in minute detail on approximately 20 prison calls discussing his trips abroad for the coming months, despite having been on restricted movement since 2024.

"I don't want to go on trips without you," Jeffries was heard telling Smith from incarceration.

The prosecution argue this shows his understanding that he would be released if he was ruled incompetent and the charges were dropped.

However, the defence's witnesses disagree, stating it instead highlights that Jeffries does not remember his legal restrictions and the severity of the situation.

"He lacked the expected affect that I would anticipate someone to have who is facing such grave allegations," testified one forensic psychiatrist who evaluated Jeffries.

"Instead, his demeanor throughout the examination... was as if we were having lunch at his club. There was no indication of alarm."

Diverging Psychiatric Opinions

Evidence indicated there is data that Jeffries' cognitive deterioration began in 2013, when tests showed reduction in volume, which was exacerbated by a accident in 2018.

Jeffries had been drinking alcohol at the time of the 2018 fall and his records showed he kept on drinking subsequent to being treated, but an expert told the judge he did not think his general alcohol consumption had a major impact on his health.

In the wake of the fall, Jeffries suffered a psychotic break, and began seeing things, with one incident in 2019 where he was found in his underclothes, incapacitated, in a nearby property.

Experts from a Federal Medical Center testified that Jeffries was fit after observing him over an extended period in the facility.

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

"Even given the declines that Mr Jeffries has undergone... he still is more capable and more capable intellectually than probably 95% of the individuals that we evaluate for fitness," testified one doctor.

Jeffries, dressed in a business attire in the hearing, was described as lighthearted and quite personable during evaluations in the facility, and was intentionally pushing boundaries, at times using disrespectful terms.

They diagnosed Jeffries with minor cognitive impairments and indicated his results may have gotten better since 2023 from low or deficient to average because of sobriety and more consistent management of prescriptions during his stay.

109 Jail Recordings Prompt Concerns

Key to determining fitness is whether Jeffries comprehends the charges against him, their penalties, the {legal proceedings|court process|trial