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Ex- A&F chief executive Mike Jeffries was taped informing his British partner how they were in serious trouble and in deep trouble if he was deemed fit to stand trial on trafficking allegations this autumn, a federal court in NY has been told.

The recordings were included in more than 100 phone calls between the one-time CEO and Matthew Smith played during a multi-day fitness to stand trial session on Long Island on Long Island.

Jeffries' lawyers assert that he is coping with cognitive decline and late onset of the disease and is unfit to be tried next to his partner and their accused intermediary in October.

Nevertheless, government lawyers argue their doctors determined his condition has gotten better and that the calls demonstrate he is remarkably focused on being declared not competent.

In further recordings, Jeffries says he is hoping for a positive result, labeling being ruled able as a disaster, and instructs a medical professional: you must declare me unfit, the court heard.

Legal Hearings and Health Evidence

The recordings were made last year while he was being treated for several months in a mental health unit at a correctional institution in North Carolina to assess if he could recover fitness.

The octogenarian had previously been found legally unfit previously but prison officials then declared in December that he was able for trial after his evaluation.

Government attorneys informed the judge Jeffries frequently protested life in jail and was caught on tape explaining to Smith how horrible prison was, remarking: which is why we got to succeed.

Context

Jeffries, his partner Smith, 62, and their accused intermediary James Jacobson, 73, were accused with operating a international sex trafficking and commercial sex business in October 2024.

They have pleaded not guilty the allegations, which carry a maximum sentence of life in prison.

Their detentions were prompted by an report that uncovered the three had been at the heart of a complex scheme scouting individuals for sex internationally while Jeffries was the head of Abercrombie & Fitch.

Presiding Judge Nusrat J. Choudhury will make a determination in May about whether Jeffries will be tried after considering the testimony of six experts - forensic psychologists, doctors and brain specialists, including facility doctors - who were examined in proceedings during the hearing.

'Inappropriate' Behaviour

Several defense witnesses, argue that Jeffries is legally unfit due to the lingering impact of a brain trauma, suspected dementia and Alzheimer's disease.

They said under oath that Jeffries demonstrates unfiltered and off-color conduct, which is consistent with a range of cognitive symptoms.

Reported incidents involve Jeffries calling the prosecution's professional psychologist a insult, praising her hair, telling another expert his clothing was ill-fitting, and describing his partner Smith as a derogatory term, according to testimony.

He was also recorded in excruciating detail on about 20 jail conversations discussing his international travel plans for the near future, even though having been on restricted movement since 2024.

"I can't go on trips without you," Jeffries was recorded telling Smith from incarceration.

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

In contrast, the defense's witnesses have a different view, stating it instead highlights that Jeffries fails to recall his conditions and the severity of the charges.

"He lacked the appropriate reaction that I would anticipate someone to have who is facing such grave allegations," stated one doctor who assessed Jeffries.

"On the contrary, his manner during the assessment... was similar to we were having a chat at his club. There was no sign of distress."

Diverging Psychiatric Diagnoses

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

Jeffries had been intoxicated at the time of the 2018 fall and his records showed he kept on drinking following being treated, but an expert told the judge he did not think his typical intake had a decisive influence on his health.

Following the fall, Jeffries experienced psychosis, and began seeing things, with one episode in 2019 where he was located in his underclothes, unable to move, in a nearby property.

Medical professionals from a Federal Medical Center said that Jeffries was competent after assessing him over an extended period in the facility.

They say his mental faculties were not consistent with Alzheimer's disease, which the court heard could not be absolutely determined until an post-mortem could be performed.

"Even given the deterioration that Mr Jeffries has undergone... he still is more capable and more capable mentally than probably 95% of the individuals that we evaluate for fitness," testified one neuropsychologist.

Jeffries, wearing a business attire in the court, was reported to be lighthearted and rather personable during evaluations in the facility, and was deliberately pushing boundaries, on occasion using informal terms.

They diagnosed Jeffries with slight deficits and said his performance on tests may have improved since 2023 from low or impaired to typical because of sobriety and better medication management during his confinement.

109 Jail Recordings Prompt Questions

Key to establishing fitness is whether Jeffries understands the allegations against him, their consequences, the {legal proceedings|court process|trial