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Former Abercrombie & Fitch top executive Mike Jeffries was heard on tape saying to his British partner how they are screwed and in deep trouble if he was found able to stand trial on trafficking allegations later this year, a New York federal court has been told.

The recordings were among more than 100 recorded calls between the former retail executive and Matthew Smith cited during a multi-day fitness to stand trial proceeding this week on Long Island.

Jeffries' lawyers argue that he is suffering with dementia and the onset of Alzheimer's disease and is not competent to stand trial alongside his partner and their accused middleman in October.

In contrast, prosecutors say their medical experts found his mental state has improved and that the calls demonstrate he is extremely preoccupied on being declared incompetent.

In other audio clips, Jeffries states he is praying for a good outcome, describing being ruled able as a disaster, and tells a physician: you had better rule me incompetent, the Central Islip court heard.

Judicial Proceedings and Psychiatric Testimony

The recordings were taped in the past year while he was being held for a period of months in a psychiatric facility at a correctional institution in North Carolina to assess if he could regain his faculties.

The 81-year-old had in the past been deemed mentally incompetent in May but correctional authorities then announced in December that he was fit for trial subsequent to his hospital stay.

The prosecution advised the judge Jeffries repeatedly complained about life in jail and was caught on tape telling to Smith how awful prison was, stating: so we have to succeed.

Context

Jeffries, his partner Smith, 62, and their purported middleman James Jacobson, 73, were charged with operating a global sex trafficking and prostitution enterprise in October 2024.

They have pleaded not guilty the accusations, which could result in a potential penalty of a life term.

Their detentions came after an report that revealed the group had been at the centre of a sophisticated scheme scouting individuals for sex globally while Jeffries was chief executive of Abercrombie & Fitch.

Judge Nusrat J. Choudhury will decide in May about whether Jeffries will stand trial after considering the statements of six experts - forensic psychologists, specialists and neurologists, including correctional physicians - who were questioned in court during the hearing.

'Disinhibited' Conduct

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

They said under oath that Jeffries demonstrates socially inappropriate and improper conduct, which is consistent with a set of symptoms.

Reported incidents are Jeffries referring to the prosecutor's psychologist a cunning bitch, remarking on her hair, informing another expert his clothing was badly made, and referring to his partner Smith as a dwarf, they say.

He was also taped in great detail on approximately 20 jail conversations discussing his trips abroad for the near future, even though having been on restricted movement since 2024.

"I can't go on trips without you," Jeffries was heard saying to Smith from jail.

The prosecution contend this indicates his awareness that he would regain his freedom if he was ruled incompetent and the case were dismissed.

In contrast, the defense's medical experts disagree, saying it instead highlights that Jeffries does not remember his conditions and the seriousness of the case.

"He lacked the appropriate emotional response that I would anticipate someone to have who is up against such grave allegations," said one expert who reviewed Jeffries.

"On the contrary, his manner during the assessment... was almost like we were having a meal at his country club. There was no indication of distress."

Opposing Psychiatric Opinions

Reports indicated there is data that Jeffries' mental decline began in 2013, when scans showed reduction in volume, which was exacerbated by a incident in 2018.

Jeffries had been intoxicated at the moment of the 2018 event and his records showed he continued drinking after being hospitalized, but an expert told the judge he did not think his overall drinking had a decisive influence on his condition.

After the fall, Jeffries experienced psychosis, and began having visions, with one incident in 2019 where he was discovered in his underwear, incapacitated, in a nearby property.

Medical professionals from a treatment facility stated that Jeffries was able after assessing him over several months in custody.

They say his cognitive abilities did not match Alzheimer's disease, which the court heard could not be definitively confirmed until an autopsy could be performed.

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

Jeffries, wearing a suit and tie in the hearing, was reported to be jovial and rather personable during interactions in the facility, and was purposely pushing boundaries, at times using informal address.

They diagnosed Jeffries with slight deficits and suggested his testing scores may have risen since 2023 from borderline or deficient to normal because of abstinence from alcohol and improved treatment during his confinement.

109 Prison Calls Raise Questions

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