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Former the fashion retailer chief executive Mike Jeffries was taped informing his UK-based partner how they'd be in serious trouble and in big trouble if he was declared competent to go to trial on sex trafficking allegations this autumn, a US district court has learned.

The recordings were among in excess of 100 phone calls between the ex-fashion boss and Matthew Smith cited during a four-day legal competency session recently on Long Island.

Jeffries' attorneys assert that he is suffering with dementia and the onset of Alzheimer's disease and is not competent to face trial together with his partner and their accused intermediary in October.

Nevertheless, government lawyers contend their doctors determined his condition has improved and that the conversations show he is incredibly focused on being declared incompetent.

In further recordings, Jeffries is heard saying he is praying for a good outcome, labeling being found fit as a disaster, and tells a doctor: you had better rule me incompetent, the Central Islip court learned.

Judicial Process and Health Opinions

The recordings were taped the previous year while he was being evaluated for several months in a treatment center at a federal prison in North Carolina to determine if he could regain his faculties.

The octogenarian had in the past been deemed legally unfit last May but facility staff then declared in December that he was able for proceedings after his treatment period.

Government attorneys told the judge Jeffries often griped about incarceration and was caught on tape explaining to Smith how terrible jail was, remarking: which is why we must pull this off.

The Case

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

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

Their being taken into custody were prompted by an investigation that uncovered the trio had been at the heart of a sophisticated operation scouting men for sex globally while Jeffries was the head of Abercrombie & Fitch.

The Honorable Nusrat J. Choudhury will make a determination in May about whether Jeffries will stand trial after reviewing the evidence of six experts - experts, specialists and neurologists, including correctional physicians - who were examined in court recently.

'Inappropriate' Behaviour

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

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

Reported incidents include Jeffries referring to the prosecution's psychologist a cunning bitch, complimenting her hair, informing another expert his clothing was ill-fitting, and describing his partner Smith as a dwarf, according to testimony.

He was also recorded in excruciating detail on approximately 20 recorded calls planning his trips abroad for the coming months, even though having been on home confinement since 2024.

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

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

In contrast, the defense's expert witnesses disagree, arguing it instead points to that Jeffries has forgotten his conditions and the gravity of the case.

"He lacked the appropriate affect that I would expect someone to have who is facing such severe charges," stated one forensic psychiatrist who reviewed Jeffries.

"Rather, his behavior throughout the assessment... was as if we were having a chat at his country club. There was no indication of alarm."

Opposing Medical Diagnoses

Evidence indicated there is evidence that Jeffries' cognitive deterioration commenced in 2013, when imaging showed reduction in volume, which was worsened by a incident in 2018.

Jeffries had been drinking alcohol at the time of the 2018 fall and his history showed he continued drinking after being treated, but an expert told the judge he did not think his overall drinking had a decisive influence on his health.

Following the fall, Jeffries suffered a psychotic break, and began seeing things, with one episode in 2019 where he was discovered in his underwear, immobile, in a neighbour's garden.

Experts from a treatment facility testified that Jeffries was fit after observing him over several months in custody.

They say his mental faculties did not align with 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 experienced... he still is more capable and more capable cognitively than probably 95% of the individuals that we test for fitness," stated one expert.

Jeffries, dressed in a suit and tie in the court, was described as cheerful and quite personable during meetings in the facility, and was intentionally being provocative, on occasion using disrespectful language.

They assessed Jeffries with slight deficits and said his results may have gotten better since 2023 from borderline or deficient to typical because of sobriety and improved treatment during his confinement.

109 Jail Recordings Raise Concerns

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