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One-time A&F chief executive Mike Jeffries was taped telling his associate how they were in serious trouble and in big trouble if he was declared able to stand trial on trafficking accusations in the coming months, a federal court in NY has been told.

The taped conversations were part of in excess of 100 telephone conversations between the former retail executive and Matthew Smith referred to during a multi-day fitness to stand trial session this week on Long Island.

Jeffries' legal team assert that he is battling dementia and the onset of Alzheimer's disease and is incapable to be tried next to his partner and their alleged middleman in October.

Nevertheless, prosecutors contend their medical experts determined his mental state has gotten better and that the recordings reveal he is remarkably fixated on being declared not competent.

In additional tapes, Jeffries states he is wishing for a positive result, labeling being ruled able as a catastrophe, and instructs a doctor: you had better declare me unfit, the court learned.

Legal Hearings and Psychiatric Testimony

The recordings were taped in the past year while he was being evaluated for four months in a mental health unit at a US prison in North Carolina to see if he could regain fitness.

The octogenarian had earlier been ruled not competent last May but prison officials then announced in December that he was competent for proceedings following his hospital stay.

The prosecution advised the court Jeffries frequently protested incarceration and was caught on tape telling to Smith how awful jail was, adding: that's why we got to succeed.

Background

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

They have denied the accusations, which could result in a potential penalty of life imprisonment.

Their detentions were prompted by an exposé that showed the trio had been at the heart of a sophisticated scheme scouting young men for sex internationally while Jeffries was chief executive of Abercrombie & Fitch.

The Honorable Nusrat J. Choudhury will rule in May about whether Jeffries will be tried after weighing the testimony of six experts - psychologists, specialists and neurologists, including prison doctors - who were examined in proceedings during the hearing.

'Inappropriate' Conduct

A trio of defence experts, argue that Jeffries is cognitively impaired due to the after-effects of a brain trauma, suspected Lewy body dementia and Alzheimer's disease.

They testified that Jeffries demonstrates disinhibited and improper conduct, which is symptomatic of a range of cognitive symptoms.

Examples are Jeffries referring to the prosecutor's professional psychologist a derogatory term, praising her hair, informing another expert his clothing was poorly tailored, and referring to his partner Smith as a dwarf, according to testimony.

He was also taped in minute detail on around 20 jail conversations discussing his travel itinerary for the coming months, even though having been on home confinement since 2024.

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

The prosecution suggest this demonstrates his recognition that he would go free if he was declared incompetent and the indictment were dropped.

Conversely, the defence's witnesses have a different view, saying it instead highlights that Jeffries has forgotten his court-ordered limits and the gravity of the situation.

"I didn't see the expected reaction that I would expect someone to have who is up against such serious charges," said one doctor who assessed Jeffries.

"Instead, his demeanor throughout the assessment... was almost like we were having a chat at his club. There was no sign of anxiety."

Conflicting Medical Opinions

Testimony indicated there is information that Jeffries' decline commenced in 2013, when tests showed reduction in volume, which was accelerated by a accident in 2018.

Jeffries had been consuming alcohol at the time of the 2018 event and his medical records showed he continued drinking following being hospitalised, but an expert told the judge he did not think his general drinking had a decisive influence on his condition.

Following the fall, Jeffries suffered a psychotic break, and began seeing things, with one incident in 2019 where he was found in his underwear, immobile, in a neighbor's yard.

Doctors from a treatment facility testified that Jeffries was able after evaluating him over an extended period in the facility.

They contend his intellectual functioning did not match Alzheimer's disease, which the court heard could not be definitively confirmed until an examination could be performed.

"Even given the reduction that Mr Jeffries has undergone... he still is sharper and more able mentally than probably 95% of the inmates that we evaluate for fitness," said one doctor.

Jeffries, dressed in a suit and tie in the courtroom, was described as lighthearted and rather engaging during interactions in prison, and was purposely being provocative, on occasion using familiar address.

They assessed Jeffries with minor cognitive impairments and indicated his performance on tests may have gotten better since 2023 from low or impaired to normal because of sobriety and better management of prescriptions during his evaluation.

109 Prison Calls Present Concerns

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