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Former Abercrombie & Fitch top executive Mike Jeffries was recorded telling his British partner that they'd be in serious trouble and in big trouble if he was declared able to stand trial on trafficking charges this autumn, a federal court in NY has heard.

The recordings were included in more than 100 recorded calls between the ex-fashion boss and Matthew Smith referred to during a four-day fitness to stand trial session on Long Island on Long Island.

Jeffries' attorneys assert that he is battling cognitive decline and the onset of Alzheimer's disease and is unfit to stand trial together with his partner and their purported facilitator in October.

In contrast, government lawyers contend their medical experts concluded his health has improved and that the recordings reveal he is remarkably fixated on being declared unfit.

In further audio clips, Jeffries says he is praying for a good outcome, characterizing being ruled able as a calamity, and tells a physician: you better rule me incompetent, the court was told.

Legal Proceedings and Medical Testimony

The calls were taped last year while he was being evaluated for four months in a psychiatric facility at a federal prison in North Carolina to see if he could regain his faculties.

The 81-year-old had previously been found not competent last May but facility staff then announced in December that he was fit for trial following his evaluation.

Government attorneys informed the court Jeffries frequently complained about incarceration and was caught on tape describing to Smith how terrible incarceration was, stating: which is why we have to pull this off.

Background

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

They have pleaded not guilty the accusations, which could result in a potential penalty of a life term.

Their being taken into custody followed an exposé that showed the three had been at the centre of a sophisticated network recruiting men for sex around the world while Jeffries was CEO of Abercrombie & Fitch.

The Honorable Nusrat J. Choudhury will make a determination in May about whether Jeffries will be tried after weighing the statements of six experts - experts, doctors and brain specialists, including facility doctors - who were cross-examined in proceedings recently.

'Inappropriate' Conduct

Several medical witnesses for the defense, maintain that Jeffries is legally unfit due to the lingering impact of a head injury, suspected a form of dementia and Alzheimer's disease.

They stated that Jeffries demonstrates unfiltered and socially inappropriate behavior, which is consistent with a set of dementia symptoms.

Reported incidents involve Jeffries calling the prosecutor's psychologist a derogatory term, complimenting her hair, informing another expert his clothing was poorly tailored, and describing his partner Smith as a dwarf, the court heard.

He was also recorded in excruciating detail on about 20 prison calls talking about his travel itinerary 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 prison.

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

However, the defence's medical experts counter, arguing it instead underscores that Jeffries does not remember his legal restrictions and the gravity of the charges.

"I didn't see the expected affect that I would anticipate someone to have who is confronting such serious charges," testified one doctor who evaluated Jeffries.

"Rather, his manner during the assessment... was as if we were having a meal at his home. There was no indication of alarm."

Diverging Neurological Diagnoses

Testimony indicated there is data that Jeffries' mental decline began in 2013, when tests showed brain shrinkage, which was worsened by a accident in 2018.

Jeffries had been intoxicated at the time of the 2018 fall and his records showed he persisted in drinking after being hospitalized, but an expert told the judge he did not think his typical drinking had a significant effect on his state.

After the fall, Jeffries became psychotic, and started seeing things, with one event in 2019 where he was discovered in his underclothes, unable to move, in a neighbor's yard.

Experts from a Federal Medical Center testified that Jeffries was fit after evaluating him over four months in prison.

They contend his cognitive abilities did not align with Alzheimer's disease, which the court heard could not be conclusively diagnosed until an post-mortem could be performed.

"Even given the declines that Mr Jeffries has undergone... he still is more capable and more able cognitively than probably 95% of the individuals that we test for fitness," said one expert.

Jeffries, dressed in a formal wear in the court, was reported to be jovial and rather charismatic during meetings in the facility, and was intentionally testing the limits, on occasion using disrespectful terms.

They diagnosed Jeffries with mild neurocognitive deficits and suggested his testing scores may have improved since 2023 from low or impaired to normal because of sobriety and more consistent management of prescriptions during his stay.

109 Recorded Conversations Present Concerns

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