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One-time Abercrombie & Fitch chief executive Mike Jeffries was recorded saying to his UK-based partner that they were screwed and in deep trouble if he was deemed competent to stand trial on trafficking allegations later this year, a federal court in NY has been told.

The audio were included in in excess of 100 recorded calls between the one-time CEO and Matthew Smith played during a lengthy mental competency proceeding recently on Long Island.

Jeffries' attorneys contend that he is battling dementia and late onset of Alzheimer's disease and is incapable to face trial alongside his partner and their accused intermediary in October.

In contrast, prosecutors say their doctors found his health has improved and that the recordings reveal he is remarkably preoccupied on being found not competent.

In additional recordings, Jeffries states he is praying for a favorable ruling, characterizing being ruled able as a catastrophe, and instructs a doctor: you had better declare me unfit, the judge heard.

Court Process and Health Evidence

The calls were recorded the previous year while he was being treated for four months in a psychiatric facility at a US prison in North Carolina to see if he could regain competency.

The octogenarian had in the past been deemed legally unfit previously but correctional authorities then declared in December that he was competent for trial following his hospital stay.

Prosecutors informed the court Jeffries often protested life in jail and was caught on tape telling to Smith how horrible incarceration was, stating: which is why we got to pull this off.

Background

Jeffries, his partner Smith, 62, and their alleged middleman James Jacobson, 73, were charged with orchestrating a worldwide trafficking and commercial sex enterprise in October 2024.

They have pleaded not guilty the allegations, which could result in a maximum sentence of a life term.

Their detentions were prompted by an exposé that showed the three had been at the centre of a elaborate operation recruiting individuals for sex internationally while Jeffries was CEO of Abercrombie & Fitch.

Judge Nusrat J. Choudhury will make a determination in May about whether Jeffries will stand trial after weighing the statements of several professionals - experts, doctors and brain specialists, including correctional physicians - who were questioned in the courtroom this week.

'Inappropriate' Behaviour

Three medical witnesses for the defense, argue that Jeffries is mentally incompetent due to the after-effects of a head injury, likely a form of dementia and Alzheimer's disease.

They said under oath that Jeffries exhibits disinhibited and off-color conduct, which is part of a spectrum of cognitive symptoms.

Examples include Jeffries calling the prosecutor's professional psychologist a cunning bitch, remarking on her hair, informing another expert his clothing was ill-fitting, and referring to his partner Smith as a midget, the court heard.

He was also taped in great detail on about 20 prison calls talking about his trips abroad for the coming months, despite having been on home confinement since 2024.

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

Prosecutors argue this shows his recognition that he would be released if he was found unfit and the charges were dropped.

Conversely, the defense's expert witnesses counter, stating it instead underscores that Jeffries fails to recall his conditions and the seriousness of the case.

"I didn't see the expected emotional response that I would expect someone to have who is up against such serious allegations," stated one doctor who assessed Jeffries.

"Rather, his behavior during the evaluation... was similar to we were having a chat at his home. There was no indication of alarm."

Diverging Psychiatric Diagnoses

Evidence indicated there is evidence that Jeffries' mental decline began in 2013, when tests showed mild atrophy, which was exacerbated 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 following being hospitalised, but an expert told the judge he did not think his typical drinking had a major impact on his state.

Following the fall, Jeffries became psychotic, and started seeing things, with one incident in 2019 where he was discovered in his underclothes, incapacitated, in a nearby property.

Medical professionals from a prison hospital said that Jeffries was able after assessing him over four months in prison.

They assert his mental faculties did not align with Alzheimer's disease, which the court heard could not be definitively confirmed until an post-mortem could be performed.

"Even given the reduction that Mr Jeffries has suffered... he still is more capable and more functioning cognitively than probably 95% of the patients that we test for fitness," testified one doctor.

Jeffries, dressed in a formal wear in the hearing, was reported to be cheerful and fairly personable during interactions in the facility, and was deliberately pushing boundaries, at times using familiar address.

They assessed Jeffries with slight deficits and indicated his testing scores may have improved since 2023 from low or deficient to normal because of abstinence from alcohol and improved treatment during his confinement.

109 Prison Calls Present Issues

Key to establishing competency is whether Jeffries understands the charges against him, their consequences, the {legal proceedings|court process|trial