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Ex- the fashion retailer top executive Mike Jeffries was heard on tape telling his UK-based partner how they'd be in serious trouble and in grave danger if he was found competent to face trial on trafficking charges this autumn, a US district court has been told.

The recordings were part of in excess of 100 telephone conversations between the one-time CEO and Matthew Smith referred to during a multi-day fitness to stand trial hearing this week on Long Island.

Jeffries' legal team assert that he is battling dementia and late onset of Alzheimer's disease and is incapable to be tried together with his partner and their purported intermediary in October.

Nevertheless, prosecutors say their doctors found his condition has gotten better and that the conversations show he is incredibly fixated on being ruled not competent.

In further tapes, Jeffries says he is hoping for a good outcome, labeling being found fit as a calamity, and says to a physician: you had better declare me incompetent, the judge learned.

Legal Process and Medical Testimony

The conversations were recorded the previous year while he was being held for four months in a psychiatric facility at a correctional institution in North Carolina to determine if he could recover his faculties.

The octogenarian had previously been found legally unfit last May but prison officials then declared in December that he was competent for proceedings following his treatment period.

Government attorneys advised the judge Jeffries repeatedly complained about prison conditions and was recorded telling to Smith how horrible jail was, adding: which is why we have to pull this off.

Context

Jeffries, his partner Smith, 62, and their purported intermediary James Jacobson, 73, were indicted with operating a international human trafficking and commercial sex business in October 2024.

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

Their being taken into custody were prompted by an investigation that uncovered the three had been at the heart of a elaborate scheme recruiting individuals for sex internationally while Jeffries was chief executive of Abercrombie & Fitch.

Judge Nusrat J. Choudhury will decide in May about whether Jeffries will face trial after reviewing the statements of six experts - experts, specialists and medical experts, including correctional physicians - who were cross-examined in court during the hearing.

'Inappropriate' Conduct

Several defence experts, testify that Jeffries is mentally incompetent due to the lingering impact of a traumatic brain injury, suspected dementia and Alzheimer's disease.

They stated that Jeffries exhibits disinhibited and improper behavior, which is consistent with a set of symptoms.

Examples include Jeffries calling the prosecution's expert witness a cunning bitch, praising her hair, telling another expert his clothing was badly made, and describing his partner Smith as a midget, they say.

He was also taped in great detail on about 20 jail conversations talking about his trips abroad for the coming months, even though having been on restricted movement since 2024.

"I can't go on trips without you," Jeffries was heard saying to Smith from prison.

Prosecutors contend this shows his understanding that he would go free if he was found unfit and the indictment were dismissed.

Conversely, the defence's witnesses counter, saying it instead highlights that Jeffries fails to recall his court-ordered limits and the severity of the charges.

"He lacked the normal affect that I would anticipate someone to have who is up against such serious charges," said one doctor who assessed Jeffries.

"Instead, his behavior during the evaluation... was similar to we were having a meal at his home. There was no sense of alarm."

Diverging Medical Opinions

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

Jeffries had been intoxicated at the time of the 2018 fall and his history showed he kept on drinking following being hospitalised, but an expert told the judge he did not think his general drinking had a decisive influence on his condition.

Following the fall, Jeffries became psychotic, and began having visions, with one event in 2019 where he was located in his underwear, unable to move, in a nearby property.

Doctors from a prison hospital said that Jeffries was fit after assessing him over several months in custody.

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 deterioration that Mr Jeffries has undergone... he still is more capable and more able mentally than probably 95% of the inmates that we evaluate for competency," stated one doctor.

Jeffries, dressed in a formal wear in the courtroom, was described as cheerful and fairly personable during meetings in prison, and was deliberately testing the limits, sometimes using informal address.

They diagnosed Jeffries with mild neurocognitive deficits and said his performance on tests may have improved since 2023 from borderline or deficient to typical because of sobriety and better medication management during his evaluation.

109 Jail Recordings Present Issues

Fundamental to establishing fitness is whether Jeffries understands the allegations against him, their penalties, the {legal proceedings|court process|trial