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Former the fashion retailer chief executive Mike Jeffries was heard on tape telling his British partner how they were finished and in deep trouble if he was declared able to go to trial on human trafficking accusations this autumn, a US district court has heard.

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

Jeffries' attorneys contend that he is coping with cognitive decline and late onset of Alzheimer's disease and is unfit to stand trial next to his partner and their purported intermediary in October.

Nevertheless, the prosecution contend their doctors found his mental state has improved and that the conversations show he is incredibly focused on being ruled not competent.

In other tapes, Jeffries states he is hoping for a good outcome, describing being ruled able as a catastrophe, and says to a medical professional: you must declare me unfit, the court was told.

Legal Hearings and Medical Evidence

The conversations were taped in the past year while he was being treated for four months in a mental health unit at a correctional institution in North Carolina to assess if he could restore his faculties.

The 81-year-old had earlier been ruled not competent in May but prison officials then declared in December that he was competent for trial following his evaluation.

Prosecutors advised the judge Jeffries repeatedly griped about incarceration and was recorded explaining to Smith how horrible prison was, remarking: which is why we have to make this work.

Context

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

They have pleaded not guilty the allegations, which could result in a potential penalty of life imprisonment.

Their arrests came after an exposé that uncovered the three had been at the core of a elaborate network sourcing individuals for sex globally while Jeffries was chief executive of Abercrombie & Fitch.

Presiding Judge Nusrat J. Choudhury will decide in May about whether Jeffries will face trial after reviewing the statements of several professionals - psychologists, specialists and brain specialists, including prison doctors - 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 brain trauma, likely dementia and Alzheimer's disease.

They testified that Jeffries shows socially inappropriate and improper behavior, which is part of a range of cognitive symptoms.

Reported incidents are Jeffries calling the prosecutor's psychologist a insult, praising her hair, informing another expert his clothing was ill-fitting, and referring to his partner Smith as a derogatory term, the court heard.

He was also recorded in great detail on about 20 prison calls discussing his trips abroad for the next few months, despite having been on restricted movement since 2024.

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

Prosecutors argue this demonstrates his awareness that he would regain his freedom if he was ruled unfit and the charges were dismissed.

However, the defence's medical experts counter, stating it instead points to that Jeffries has forgotten his conditions and the severity of the charges.

"I didn't see the appropriate affect that I would anticipate someone to have who is up against such serious allegations," stated one doctor who assessed Jeffries.

"Rather, his behavior throughout the evaluation... was similar to we were having lunch at his home. There was no sense of alarm."

Opposing Medical Assessments

Evidence indicated there is evidence that Jeffries' mental decline commenced in 2013, when scans showed reduction in volume, which was exacerbated by a accident in 2018.

Jeffries had been intoxicated at the time of the 2018 incident and his records showed he persisted in drinking following being hospitalised, but an expert told the judge he did not think his general alcohol consumption had a major impact on his health.

After the fall, Jeffries became psychotic, and began seeing things, with one incident in 2019 where he was discovered in his underclothes, incapacitated, in a neighbour's garden.

Experts from a prison hospital testified that Jeffries was competent after evaluating him over several months in prison.

They say his cognitive abilities did not align with Alzheimer's disease, which the court heard could not be conclusively diagnosed until an autopsy could be performed.

"Even given the declines that Mr Jeffries has suffered... he still is sharper and more capable cognitively than probably 95% of the individuals that we evaluate for competency," testified one doctor.

Jeffries, dressed in a business attire in the court, was described as lighthearted and rather engaging during meetings in the facility, and was intentionally testing the limits, sometimes using informal language.

They diagnosed Jeffries with minor cognitive impairments and indicated his testing scores may have gotten better since 2023 from borderline or impaired to average because of sobriety and improved medication management during his evaluation.

109 Recorded Conversations Present Questions

Fundamental to assessing fitness is whether Jeffries comprehends the charges against him, their penalties, the {legal proceedings|court process|trial