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Former Abercrombie & Fitch chief executive Mike Jeffries was taped saying to his British partner that they were finished and in big trouble if he was declared competent to go to trial on trafficking charges in the coming months, a US district court has learned.

The audio were included in over 100 phone calls between the former retail executive and Matthew Smith cited during a four-day mental competency session this week on Long Island.

Jeffries' legal team contend that he is suffering with dementia and the onset of Alzheimer's disease and is incapable to stand trial next to his partner and their alleged middleman in October.

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

In further audio clips, Jeffries states he is praying for a positive result, labeling being found fit as a disaster, and instructs a physician: you better rule me incompetent, the court was told.

Court Hearings and Health Testimony

The conversations were made the previous year while he was being evaluated for several months in a psychiatric facility at a federal prison in North Carolina to determine if he could regain competency.

The 81-year-old had previously been found mentally incompetent last May but prison officials then declared in December that he was able for proceedings following his evaluation.

The prosecution told the judge Jeffries repeatedly griped about life in jail and was recorded describing to Smith how horrible incarceration was, adding: which is why we have to succeed.

Context

Jeffries, his partner Smith, 62, and their accused go-between James Jacobson, 73, were accused with orchestrating a global human trafficking and prostitution enterprise in October 2024.

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

Their detentions were prompted by an investigation that showed the trio had been at the centre of a sophisticated network scouting men for sex globally while Jeffries was CEO of Abercrombie & Fitch.

The Honorable Nusrat J. Choudhury will decide in May about whether Jeffries will stand trial after weighing the testimony of several professionals - experts, specialists and brain specialists, including correctional physicians - who were questioned in court during the hearing.

'Disinhibited' Conduct

A trio of defence experts, argue that Jeffries is cognitively impaired due to the lingering impact of a traumatic brain injury, probable dementia and Alzheimer's disease.

They said under oath that Jeffries shows socially inappropriate and off-color conduct, which is consistent with a set of cognitive symptoms.

Instances include Jeffries referring to the prosecutor's expert witness a insult, praising her hair, informing another expert his clothing was ill-fitting, and referring to his partner Smith as a derogatory term, the court heard.

He was also recorded in excruciating detail on about 20 recorded calls discussing his trips abroad for the next few months, even though having been on house arrest since 2024.

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

The prosecution contend this demonstrates his awareness that he would go free if he was declared incompetent and the indictment were dropped.

However, the defence's medical experts counter, saying it instead underscores that Jeffries has forgotten his court-ordered limits and the seriousness of the situation.

"I didn't see the expected affect that I would expect someone to have who is up against such serious allegations," testified one doctor who evaluated Jeffries.

"Rather, his demeanor throughout the assessment... was almost like we were having lunch at his club. There was no indication of anxiety."

Opposing Psychiatric Opinions

Testimony indicated there is evidence that Jeffries' cognitive deterioration began in 2013, when tests showed reduction in volume, which was worsened by a fall in 2018.

Jeffries had been intoxicated at the moment of the 2018 fall and his medical records showed he kept on drinking after being hospitalized, but an expert told the judge he did not think his overall intake had a significant effect on his condition.

After the fall, Jeffries experienced psychosis, and started seeing things, with one incident in 2019 where he was located in his underclothes, unable to move, in a neighbour's garden.

Doctors from a Federal Medical Center stated that Jeffries was fit after evaluating him over four months in custody.

They say his cognitive abilities were not consistent 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 inmates that we assess for fitness," stated one expert.

Jeffries, dressed in a suit and tie in the court, was reported to be jovial and fairly engaging during interactions in the facility, and was deliberately testing the limits, on occasion using informal address.

They assessed Jeffries with minor cognitive impairments and said his performance on tests may have improved since 2023 from borderline or deficient to normal because of stopping drinking and better treatment during his evaluation.

109 Prison Calls Prompt Concerns

Key to assessing competency is whether Jeffries grasps the allegations against him, their implications, the {legal proceedings|court process|trial