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Former Abercrombie & Fitch top executive Mike Jeffries was recorded informing his British partner how they were in serious trouble and in grave danger if he was declared able to go to trial on human trafficking accusations later this year, a federal court in NY has heard.

The audio were part of over 100 recorded calls between the ex-fashion boss and Matthew Smith played during a four-day fitness to stand trial hearing this week on Long Island.

Jeffries' attorneys assert that he is coping with cognitive decline and late onset of the disease and is incapable to stand trial together with his partner and their alleged middleman in October.

However, prosecutors argue their health professionals concluded his mental state has stabilized and that the recordings reveal he is remarkably preoccupied on being ruled unfit.

In further tapes, Jeffries is heard saying he is wishing for a positive result, labeling being deemed competent as a calamity, and says to a physician: you had better declare me unfit, the Central Islip court was told.

Court Proceedings and Medical Testimony

The calls were recorded the previous year while he was being treated for four months in a psychiatric facility at a federal prison in North Carolina to assess if he could regain fitness.

The octogenarian had earlier been ruled mentally incompetent in May but correctional authorities then announced in December that he was able for trial subsequent to his treatment period.

Government attorneys advised the court Jeffries frequently griped about prison conditions and was heard explaining to Smith how terrible incarceration was, remarking: which is why we got to pull this off.

Background

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

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

Their arrests came after an report that revealed the three had been at the heart of a complex network recruiting young men for sex around the world while Jeffries was the head of Abercrombie & Fitch.

Presiding Judge Nusrat J. Choudhury will decide in May about whether Jeffries will be tried after reviewing the evidence of six experts - experts, psychiatrists and neurologists, including facility doctors - who were examined in the courtroom recently.

'Unrestrained' Behavior

Several defence experts, argue that Jeffries is cognitively impaired due to the after-effects of a traumatic brain injury, probable a form of dementia and Alzheimer's disease.

They testified that Jeffries exhibits socially inappropriate and improper conduct, which is consistent with a set of cognitive symptoms.

Instances include Jeffries referring to the prosecutor's psychologist a cunning bitch, praising her hair, informing another expert his clothing was ill-fitting, and referring to his partner Smith as a derogatory term, according to testimony.

He was also taped in excruciating detail on around 20 prison calls discussing his travel itinerary for the coming months, even though having been on restricted movement since 2024.

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

The prosecution suggest this indicates his recognition that he would go free if he was declared unfit and the case were dropped.

In contrast, the defence's medical experts disagree, stating it instead points to that Jeffries does not remember his conditions and the severity of the charges.

"There wasn't the appropriate reaction that I would anticipate someone to have who is up against such severe charges," testified one expert who assessed Jeffries.

"Instead, his behavior throughout the assessment... was similar to we were having a chat at his country club. There was no indication of alarm."

Diverging Medical Assessments

Testimony indicated there is data that Jeffries' decline began in 2013, when tests showed reduction in volume, which was accelerated by a fall in 2018.

Jeffries had been drinking alcohol at the time of the 2018 incident and his records showed he kept on drinking subsequent to being hospitalized, but an expert told the judge he did not think his overall intake had a decisive influence on his health.

After the fall, Jeffries experienced psychosis, and began seeing things, with one incident in 2019 where he was found in his underwear, immobile, in a nearby property.

Medical professionals from a Federal Medical Center stated that Jeffries was competent after observing him over four months in prison.

They contend his mental faculties did not match Alzheimer's disease, which the court heard could not be conclusively diagnosed until an examination could be performed.

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

Jeffries, wearing a formal wear in the hearing, was reported to be jovial and quite engaging during evaluations in the facility, and was deliberately testing the limits, sometimes using familiar terms.

They found Jeffries with slight deficits and suggested his testing scores may have improved since 2023 from low or impaired to normal because of stopping drinking and better treatment during his confinement.

109 Jail Recordings Present Questions

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