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One-time the fashion retailer CEO Mike Jeffries was recorded telling his British partner how they are in serious trouble and in big trouble if he was deemed competent to stand trial on sex trafficking allegations in the coming months, a federal court in NY has learned.

The recordings were among over 100 recorded calls between the one-time CEO and Matthew Smith cited during a four-day legal competency session this week on Long Island.

Jeffries' lawyers assert that he is battling dementia and late onset of Alzheimer's disease and is incapable to stand trial alongside his partner and their accused middleman in October.

In contrast, the prosecution say their health professionals found his mental state has stabilized and that the recordings demonstrate he is incredibly fixated on being declared not competent.

In additional tapes, Jeffries is heard saying he is praying for a good outcome, labeling being ruled able as a disaster, and instructs a medical professional: you must find me unfit, the judge was told.

Legal Process and Medical Testimony

The calls were taped in the past year while he was being held for a period of months in a treatment center at a correctional institution in North Carolina to determine if he could restore fitness.

The 81-year-old had in the past been deemed legally unfit last May but prison officials then announced in December that he was able for trial subsequent to his treatment period.

The prosecution informed the court Jeffries frequently complained about prison conditions and was heard explaining to Smith how horrible jail was, remarking: that's why we have to succeed.

Context

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

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

Their detentions were prompted by an exposé that uncovered the three had been at the centre of a sophisticated operation scouting 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 considering the evidence of several professionals - forensic psychologists, doctors and neurologists, including correctional physicians - who were cross-examined in the courtroom recently.

'Disinhibited' Conduct

Several defence experts, argue that Jeffries is legally unfit due to the lingering impact of a traumatic brain injury, probable a form of dementia and Alzheimer's disease.

They testified that Jeffries demonstrates socially inappropriate and socially inappropriate conduct, which is part of a set of dementia symptoms.

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

He was also taped in excruciating detail on approximately 20 recorded calls discussing his international travel plans for the coming months, notwithstanding having been on home confinement since 2024.

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

Prosecutors contend this indicates his recognition that he would be released if he was declared unfit and the charges were dropped.

However, the defense's witnesses counter, stating it instead highlights that Jeffries has forgotten his court-ordered limits and the severity of the case.

"I didn't see the normal reaction that I would expect someone to have who is up against such grave charges," stated one forensic psychiatrist who assessed Jeffries.

"On the contrary, his demeanor during the examination... was as if we were having lunch at his country club. There was no sense of alarm."

Diverging Medical Opinions

Reports indicated there is evidence that Jeffries' decline started in 2013, when imaging showed reduction in volume, which was worsened by a incident in 2018.

Jeffries had been consuming alcohol at the moment of the 2018 incident and his medical records showed he kept on drinking after being treated, but an expert told the judge he did not think his typical intake had a major impact on his state.

Following the fall, Jeffries became psychotic, and began having visions, with one episode in 2019 where he was found in his underwear, incapacitated, in a neighbour's garden.

Experts from a treatment facility testified that Jeffries was able after assessing him over an extended period in custody.

They assert his cognitive abilities 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 declines that Mr Jeffries has experienced... he still is brighter and more functioning cognitively than probably 95% of the inmates that we assess for competency," testified one doctor.

Jeffries, dressed in a formal wear in the court, was described as lighthearted and quite charismatic during interactions in prison, and was deliberately pushing boundaries, sometimes using familiar language.

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

109 Jail Recordings Raise Questions

Central to determining fitness is whether Jeffries grasps the charges against him, their implications, the {legal proceedings|court process|trial