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Former the fashion retailer CEO Mike Jeffries was taped saying to his British partner how they'd be in serious trouble and in deep trouble if he was declared competent to go to trial on human trafficking accusations this autumn, a federal court in NY has been told.

The audio were included in over 100 telephone conversations between the former retail executive and Matthew Smith played during a lengthy mental competency proceeding on Long Island on Long Island.

Jeffries' attorneys argue that he is coping with cognitive decline and late onset of Alzheimer's disease and is not competent to face trial alongside his partner and their purported middleman in October.

In contrast, the prosecution argue their health professionals determined his mental state has gotten better and that the conversations reveal he is remarkably focused on being found not competent.

In further tapes, Jeffries says he is hoping for a positive result, describing being deemed competent as a calamity, and tells a doctor: you better find me unfit, the Central Islip court heard.

Legal Hearings and Health Testimony

The recordings were recorded the previous year while he was being treated for a period of months in a treatment center at a correctional institution in North Carolina to see if he could regain competency.

The octogenarian had in the past been deemed legally unfit last May but facility staff then announced in December that he was able for trial subsequent to his hospital stay.

The prosecution told the judge Jeffries repeatedly griped about incarceration and was recorded explaining to Smith how terrible incarceration was, stating: which is why we got to succeed.

Background

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

They have denied the allegations, which have a maximum sentence of life in prison.

Their arrests came after an investigation that uncovered the trio had been at the centre of a sophisticated scheme 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 stand trial after reviewing the testimony of several professionals - forensic psychologists, specialists and medical experts, including facility doctors - who were cross-examined in court during the hearing.

'Inappropriate' Behaviour

A trio of defense witnesses, maintain that Jeffries is cognitively impaired due to the lingering impact of a head injury, probable a form of dementia and Alzheimer's disease.

They testified that Jeffries shows socially inappropriate and socially inappropriate behaviour, which is consistent with a spectrum of symptoms.

Instances involve Jeffries referring to the prosecution's expert witness a insult, complimenting her hair, informing another expert his clothing was poorly tailored, and describing his partner Smith as a midget, they say.

He was also taped in great detail on around 20 prison calls discussing his travel itinerary for the next few months, despite having been on home confinement since 2024.

"I don't want to go on trips without you," Jeffries was overheard saying to Smith from jail.

Prosecutors suggest this indicates his recognition that he would be released if he was found incompetent and the case were dismissed.

Conversely, the defence's expert witnesses counter, saying it instead points to that Jeffries has forgotten his legal restrictions and the seriousness of the charges.

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

"On the contrary, his demeanor during the examination... was almost like we were having a meal at his home. There was no sign of anxiety."

Diverging Psychiatric Diagnoses

Testimony indicated there is data that Jeffries' cognitive deterioration commenced in 2013, when tests showed mild atrophy, which was accelerated by a incident in 2018.

Jeffries had been consuming alcohol at the time of the 2018 incident and his history showed he persisted in drinking subsequent to being hospitalised, but an expert told the judge he did not think his overall intake had a significant effect on his health.

After the fall, Jeffries became psychotic, and began seeing things, with one event in 2019 where he was found in his underclothes, unable to move, in a neighbour's garden.

Doctors from a Federal Medical Center stated that Jeffries was competent after observing him over four months in prison.

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 experienced... he still is brighter and more functioning mentally than probably 95% of the inmates that we assess for competency," said one neuropsychologist.

Jeffries, dressed in a suit and tie in the court, was described as cheerful and fairly charismatic during meetings in the facility, and was deliberately pushing boundaries, sometimes using informal language.

They found Jeffries with minor cognitive impairments and indicated his results may have gotten better since 2023 from low or impaired to typical because of sobriety and improved medication management during his confinement.

109 Prison Calls Prompt Questions

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