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Ex- Abercrombie & Fitch top executive Mike Jeffries was recorded saying to his British partner that they were screwed and in grave danger if he was declared able to stand trial on trafficking accusations this autumn, a New York federal court has learned.

The taped conversations were among more than 100 recorded calls between the ex-fashion boss and Matthew Smith played during a multi-day mental competency session this week on Long Island.

Jeffries' attorneys assert that he is suffering with cognitive decline and the onset of Alzheimer's disease and is unfit to stand trial alongside his partner and their accused intermediary in October.

However, prosecutors contend their health professionals determined his condition has gotten better and that the calls demonstrate he is extremely preoccupied on being ruled not competent.

In other recordings, Jeffries states he is praying for a positive result, characterizing being deemed competent as a calamity, and says to a physician: you must declare me unfit, the court was told.

Legal Process and Health Opinions

The conversations were taped the previous year while he was being treated for a period of months in a treatment center at a federal prison in North Carolina to assess if he could restore his faculties.

The octogenarian had earlier been ruled mentally incompetent last May but correctional authorities then announced in December that he was fit for trial after his hospital stay.

The prosecution advised the judge Jeffries repeatedly protested life in jail and was recorded describing to Smith how terrible jail was, stating: which is why we must make this work.

Context

Jeffries, his partner Smith, 62, and their accused go-between James Jacobson, 73, were charged with operating a worldwide trafficking and commercial sex operation in October 2024.

They have entered not guilty pleas the allegations, which carry a potential penalty of life in prison.

Their being taken into custody came after an report that uncovered the three had been at the core of a complex network recruiting individuals for sex globally while Jeffries was CEO of Abercrombie & Fitch.

Presiding Judge Nusrat J. Choudhury will rule in May about whether Jeffries will be tried after reviewing the statements of six experts - experts, doctors and neurologists, including facility doctors - who were cross-examined in the courtroom recently.

'Unrestrained' Conduct

Three defence experts, argue that Jeffries is mentally incompetent due to the lingering impact of a brain trauma, probable a form of dementia and Alzheimer's disease.

They testified that Jeffries demonstrates socially inappropriate and improper behavior, which is consistent with a set of symptoms.

Examples involve Jeffries referring to the prosecution's professional psychologist a derogatory term, remarking on her hair, telling another expert his clothing was badly made, and referring to his partner Smith as a derogatory term, the court heard.

He was also taped in excruciating detail on around 20 jail conversations planning his travel itinerary for the coming months, even though having been on restricted movement since 2024.

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

The prosecution contend this demonstrates his awareness that he would go free if he was ruled unfit and the case were dismissed.

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

"I didn't see the normal emotional response that I would expect someone to have who is facing such severe allegations," stated one doctor who evaluated Jeffries.

"Instead, his behavior during the assessment... was similar to we were having lunch at his club. There was no sense of alarm."

Diverging Psychiatric Diagnoses

Testimony indicated there is evidence that Jeffries' mental decline began in 2013, when scans showed mild atrophy, which was accelerated by a incident in 2018.

Jeffries had been consuming alcohol at the time of the 2018 fall and his history showed he continued 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 began seeing things, with one episode in 2019 where he was located in his underclothes, unable to move, in a nearby property.

Doctors from a prison hospital stated that Jeffries was able after assessing him over several months in the facility.

They say his intellectual functioning did not align with Alzheimer's disease, which the court heard could not be absolutely determined until an autopsy could be performed.

"Even given the declines that Mr Jeffries has suffered... he still is more capable and more functioning cognitively than probably 95% of the individuals that we evaluate for competency," stated one expert.

Jeffries, dressed in a business attire in the courtroom, was reported to be lighthearted and quite engaging during interactions in prison, and was purposely pushing boundaries, at times using informal terms.

They assessed Jeffries with mild neurocognitive deficits and suggested his testing scores may have gotten better since 2023 from low or deficient to normal because of stopping drinking and more consistent management of prescriptions during his evaluation.

109 Prison Calls Raise Concerns

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