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Former the fashion retailer CEO Mike Jeffries was recorded saying to his British partner how they were finished and in grave danger if he was found fit to go to trial on sex trafficking accusations in the coming months, a New York federal court has learned.

The audio were included in more than 100 telephone conversations between the former retail executive and Matthew Smith referred to during a four-day legal competency session recently on Long Island.

Jeffries' lawyers contend that he is battling dementia and late onset of the disease and is not competent to face trial alongside his partner and their accused facilitator in October.

Nevertheless, prosecutors contend their medical experts determined his condition has stabilized and that the conversations demonstrate he is incredibly preoccupied on being ruled not competent.

In other audio clips, Jeffries states he is wishing for a positive result, characterizing being found fit as a catastrophe, and instructs a doctor: you better declare me incompetent, the court was told.

Court Process and Psychiatric Testimony

The conversations were recorded in the past year while he was being evaluated for several months in a psychiatric facility at a federal prison in North Carolina to see if he could recover his faculties.

The elderly defendant had in the past been deemed not competent last May but facility staff then stated in December that he was fit for trial following his treatment period.

The prosecution advised the judge Jeffries repeatedly protested life in jail and was recorded explaining to Smith how awful prison was, stating: that's why we got to succeed.

The Case

Jeffries, his partner Smith, 62, and their purported middleman James Jacobson, 73, were charged with running a worldwide trafficking and commercial sex enterprise in October 2024.

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

Their being taken into custody followed an exposé that revealed the group had been at the core of a elaborate network sourcing men for sex globally while Jeffries was the head of Abercrombie & Fitch.

Judge Nusrat J. Choudhury will rule in May about whether Jeffries will face trial after weighing the testimony of several professionals - psychologists, doctors and neurologists, including facility doctors - who were examined in court during the hearing.

'Inappropriate' Behaviour

Several defence experts, argue that Jeffries is mentally incompetent due to the residual effects of a head injury, suspected a form of dementia and Alzheimer's disease.

They said under oath that Jeffries exhibits socially inappropriate and socially inappropriate behavior, which is part of a set of dementia symptoms.

Examples are Jeffries calling the prosecution's professional psychologist a cunning bitch, praising her hair, telling another expert his clothing was badly made, and referring to his partner Smith as a dwarf, they say.

He was also heard in great detail on approximately 20 recorded calls planning his trips abroad for the coming months, notwithstanding having been on house arrest since 2024.

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

Prosecutors suggest this demonstrates his recognition that he would go free if he was found unfit and the charges were dropped.

In contrast, the defence's medical experts counter, arguing it instead highlights that Jeffries does not remember his court-ordered limits and the gravity of the charges.

"I didn't see the expected emotional response that I would expect someone to have who is up against such severe charges," testified one forensic psychiatrist who evaluated Jeffries.

"Rather, his manner throughout the examination... was as if we were having a meal at his country club. There was no sense of distress."

Diverging Psychiatric Diagnoses

Reports indicated there is data that Jeffries' cognitive deterioration commenced in 2013, when scans showed brain shrinkage, which was exacerbated by a fall in 2018.

Jeffries had been drinking alcohol at the time of the 2018 fall and his history showed he kept on drinking after being hospitalized, but an expert told the judge he did not think his general drinking had a major impact on his health.

After the fall, Jeffries suffered a psychotic break, and began having visions, with one event in 2019 where he was located in his underclothes, immobile, in a nearby property.

Doctors from a treatment facility testified that Jeffries was fit after observing him over an extended period in custody.

They say his intellectual functioning did not match Alzheimer's disease, which the court heard could not be conclusively diagnosed until an examination could be performed.

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

Jeffries, wearing a suit and tie in the court, was reported to be lighthearted and rather engaging during evaluations in the facility, and was deliberately testing the limits, sometimes using disrespectful language.

They found Jeffries with mild neurocognitive deficits and said his performance on tests may have improved since 2023 from borderline or deficient to typical because of abstinence from alcohol and better medication management during his confinement.

109 Recorded Conversations Present Questions

Key to assessing competency is whether Jeffries understands the charges against him, their penalties, the {legal proceedings|court process|trial