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Former the fashion retailer CEO Mike Jeffries was taped saying to his associate that they were finished and in deep trouble if he was declared able to stand trial on sex trafficking allegations this autumn, a New York federal court has been told.

The taped conversations were included in over 100 telephone conversations between the former retail executive and Matthew Smith cited during a four-day mental competency session recently on Long Island.

Jeffries' legal team argue that he is coping with dementia and the onset of Alzheimer's and is incapable to stand trial together with his partner and their alleged facilitator in October.

In contrast, government lawyers contend their doctors found his mental state has stabilized and that the conversations demonstrate he is incredibly fixated on being declared not competent.

In other recordings, Jeffries states he is wishing for a positive result, characterizing being ruled able as a disaster, and says to a doctor: you better find me unfit, the judge was told.

Court Hearings and Medical Testimony

The calls were taped in the past year while he was being treated for a period of months in a treatment center at a US prison in North Carolina to determine if he could regain his faculties.

The octogenarian had previously been found not competent in May but correctional authorities then announced in December that he was able for trial after his evaluation.

Government attorneys informed the court Jeffries repeatedly protested life in jail and was heard telling to Smith how horrible prison was, adding: so we got to make this work.

Context

Jeffries, his partner Smith, 62, and their accused middleman James Jacobson, 73, were charged with orchestrating a international human trafficking and prostitution enterprise in October 2024.

They have denied the accusations, which carry a potential penalty of a life term.

Their being taken into custody came after an investigation that revealed the trio had been at the centre of a complex operation sourcing individuals for sex around the world while Jeffries was CEO of Abercrombie & Fitch.

Judge Nusrat J. Choudhury will decide in May about whether Jeffries will stand trial after considering the testimony of six experts - forensic psychologists, specialists and medical experts, including facility doctors - who were examined in court recently.

'Inappropriate' Conduct

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

They testified that Jeffries demonstrates unfiltered and improper behaviour, which is part of a set of cognitive symptoms.

Reported incidents involve Jeffries referring to the prosecution's psychologist a derogatory term, remarking on her hair, informing another expert his clothing was poorly tailored, and referring to his partner Smith as a midget, according to testimony.

He was also taped in minute detail on around 20 jail conversations planning his trips abroad for the next few months, despite having been on house arrest since 2024.

"I don't want to go on trips without you," Jeffries was recorded saying to Smith from prison.

The prosecution suggest this indicates his understanding that he would be released if he was declared unfit and the charges were dropped.

In contrast, the defence's medical experts have a different view, saying it instead underscores that Jeffries has forgotten his court-ordered limits and the severity of the situation.

"He lacked the normal reaction that I would expect someone to have who is up against such severe charges," stated one expert who evaluated Jeffries.

"Instead, his behavior throughout the evaluation... was as if we were having lunch at his home. There was no indication of anxiety."

Conflicting Psychiatric Opinions

Testimony indicated there is data that Jeffries' mental decline commenced in 2013, when imaging showed brain shrinkage, which was exacerbated by a accident in 2018.

Jeffries had been intoxicated at the time of the 2018 incident and his medical records showed he kept on drinking following being treated, but an expert told the judge he did not think his typical drinking had a significant effect on his condition.

In the wake of the fall, Jeffries suffered a psychotic break, and began hallucinating, with one event in 2019 where he was discovered in his underclothes, unable to move, in a neighbour's garden.

Medical professionals from a treatment facility testified that Jeffries was fit after evaluating him over four months in the facility.

They assert 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 undergone... he still is sharper and more capable cognitively than probably 95% of the inmates that we assess for fitness," testified one expert.

Jeffries, dressed in a business attire in the hearing, was reported to be lighthearted and quite charismatic during evaluations in prison, and was purposely being provocative, sometimes using disrespectful terms.

They found Jeffries with minor cognitive impairments and indicated his performance on tests may have gotten better since 2023 from borderline or deficient to average because of stopping drinking and more consistent treatment during his stay.

109 Prison Calls Present Questions

Central to assessing fitness is whether Jeffries comprehends the allegations against him, their consequences, the {legal proceedings|court process|trial