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Former the fashion retailer CEO Mike Jeffries was heard on tape telling his UK-based partner that they were in serious trouble and in deep trouble if he was declared fit to go to trial on trafficking accusations in the coming months, a US district court has been told.

The audio were part of in excess of 100 recorded calls between the one-time CEO and Matthew Smith cited during a four-day fitness to stand trial hearing this week on Long Island.

Jeffries' legal team assert that he is battling dementia and late onset of the disease and is not competent to be tried together with his partner and their accused intermediary in October.

However, prosecutors say their medical experts determined his condition has stabilized and that the conversations demonstrate he is incredibly focused on being found unfit.

In other recordings, Jeffries is heard saying he is hoping for a good outcome, characterizing being ruled able as a disaster, and instructs a physician: you must rule me incompetent, the Central Islip court was told.

Court Proceedings and Health Evidence

The conversations were made the previous year while he was being evaluated for several months in a psychiatric facility at a correctional institution in North Carolina to assess if he could recover fitness.

The elderly defendant had previously been found mentally incompetent previously but facility staff then announced in December that he was fit for trial subsequent to his treatment period.

The prosecution told the court Jeffries often griped about life in jail and was heard telling to Smith how awful incarceration was, adding: so we have to succeed.

The Case

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

They have denied the charges, which could result in a potential penalty of life imprisonment.

Their being taken into custody came after an exposé that showed the trio had been at the core of a elaborate operation sourcing young men for sex around the world while Jeffries was CEO of Abercrombie & Fitch.

The Honorable Nusrat J. Choudhury will make a determination in May about whether Jeffries will face trial after weighing the testimony of six experts - experts, psychiatrists and brain specialists, including facility doctors - who were cross-examined in proceedings during the hearing.

'Disinhibited' Behaviour

A trio of medical witnesses for the defense, testify that Jeffries is cognitively impaired due to the lingering impact of a traumatic brain injury, likely a form of dementia and Alzheimer's disease.

They said under oath that Jeffries demonstrates disinhibited and socially inappropriate behavior, which is symptomatic of a set of cognitive symptoms.

Examples are Jeffries referring to the prosecution's professional psychologist a cunning bitch, praising her hair, telling another expert his clothing was ill-fitting, and referring to his partner Smith as a derogatory term, according to testimony.

He was also recorded in minute detail on about 20 prison calls discussing his travel itinerary for the near future, despite having been on home confinement since 2024.

"I wouldn't want to go on trips without you," Jeffries was heard telling Smith from prison.

The prosecution argue this shows his awareness that he would be released if he was found incompetent and the charges were dropped.

However, the defence's expert witnesses disagree, stating it instead underscores that Jeffries does not remember his legal restrictions and the seriousness of the situation.

"There wasn't the expected reaction that I would expect someone to have who is confronting such serious allegations," stated one expert who evaluated Jeffries.

"Rather, his manner throughout the examination... was similar to we were having lunch at his club. There was no sign of distress."

Opposing Medical Assessments

Testimony indicated there is data that Jeffries' decline commenced in 2013, when tests showed reduction in volume, which was worsened by a accident in 2018.

Jeffries had been consuming alcohol at the time of the 2018 fall and his records showed he continued drinking following being hospitalized, but an expert told the judge he did not think his overall intake had a decisive influence on his state.

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

Experts from a treatment facility stated that Jeffries was competent after observing him over an extended period in prison.

They say his mental faculties did not match Alzheimer's disease, which the court heard could not be conclusively diagnosed until an post-mortem could be performed.

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

Jeffries, wearing a formal wear in the hearing, was described as cheerful and rather charismatic during meetings in prison, and was purposely being provocative, on occasion using disrespectful terms.

They found Jeffries with mild neurocognitive deficits and indicated his performance on tests may have gotten better since 2023 from low or impaired to typical because of stopping drinking and improved management of prescriptions during his stay.

109 Jail Recordings Present Concerns

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