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Former the fashion retailer top executive Mike Jeffries was heard on tape informing his British partner that they were screwed and in deep trouble if he was found fit to go to trial on sex trafficking charges in the coming months, a US district court has heard.

The taped conversations were part of more than 100 phone calls between the one-time CEO and Matthew Smith cited during a lengthy legal competency session recently on Long Island.

Jeffries' attorneys contend that he is suffering with dementia and the onset of the disease and is incapable to stand trial next to his partner and their alleged intermediary in October.

However, the prosecution argue their doctors determined his mental state has gotten better and that the recordings show he is remarkably fixated on being found not competent.

In other recordings, Jeffries says he is wishing for a positive result, labeling being deemed competent as a calamity, and tells a physician: you must declare me incompetent, the judge was told.

Court Proceedings and Health Opinions

The calls were made last year while he was being held for four months in a mental health unit at a federal prison in North Carolina to assess if he could recover competency.

The octogenarian had earlier been ruled not competent previously but correctional authorities then stated in December that he was able for proceedings after his evaluation.

Prosecutors advised the judge Jeffries repeatedly griped about prison conditions and was recorded explaining to Smith how terrible prison was, adding: that's why we must pull this off.

Background

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

They have entered not guilty pleas the allegations, which have a maximum sentence of life imprisonment.

Their arrests followed an exposé that revealed the trio had been at the core of a sophisticated network scouting men for sex around the world while Jeffries was chief executive of Abercrombie & Fitch.

The Honorable Nusrat J. Choudhury will rule in May about whether Jeffries will face trial after weighing the evidence of six experts - experts, psychiatrists and neurologists, including prison doctors - who were cross-examined in proceedings during the hearing.

'Unrestrained' Behaviour

Several medical witnesses for the defense, testify that Jeffries is legally unfit due to the residual effects of a brain trauma, likely a form of dementia and Alzheimer's disease.

They stated that Jeffries shows disinhibited and improper behaviour, which is symptomatic of a spectrum of symptoms.

Instances are Jeffries calling the prosecution's expert witness a derogatory term, praising her hair, telling another expert his clothing was poorly tailored, and referring to his partner Smith as a dwarf, they say.

He was also taped in excruciating detail on approximately 20 jail conversations talking about his international travel plans for the near future, even though 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 argue this demonstrates his awareness that he would be released if he was found incompetent and the case were dismissed.

Conversely, the defence's expert witnesses have a different view, arguing it instead underscores that Jeffries fails to recall his conditions and the gravity of the charges.

"There wasn't the normal affect that I would anticipate someone to have who is confronting such severe allegations," said one forensic psychiatrist who assessed Jeffries.

"On the contrary, his manner during the assessment... was similar to we were having a meal at his country club. There was no indication of distress."

Opposing Neurological Assessments

Reports indicated there is evidence that Jeffries' mental decline commenced in 2013, when scans showed brain shrinkage, which was worsened by a incident in 2018.

Jeffries had been intoxicated at the time of the 2018 event and his medical records showed he kept on drinking following being treated, but an expert told the judge he did not think his typical alcohol consumption had a significant effect on his health.

After the fall, Jeffries became psychotic, and started having visions, with one incident in 2019 where he was found in his underclothes, incapacitated, in a neighbour's garden.

Doctors from a treatment facility said that Jeffries was able after assessing him over an extended period in prison.

They contend his mental faculties were not consistent with Alzheimer's disease, which the court heard could not be absolutely determined until an post-mortem could be performed.

"Even given the deterioration that Mr Jeffries has experienced... he still is sharper and more able intellectually than probably 95% of the individuals that we test for competency," said one expert.

Jeffries, dressed in a suit and tie in the courtroom, was reported to be lighthearted and fairly personable during meetings in the facility, and was deliberately being provocative, sometimes using familiar language.

They assessed Jeffries with mild neurocognitive deficits and indicated his results may have improved since 2023 from borderline or deficient to average because of sobriety and more consistent treatment during his stay.

109 Jail Recordings Present Questions

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