🔗 Share this article

One-time Abercrombie & Fitch CEO Mike Jeffries was heard on tape telling his British partner how they'd be finished and in deep trouble if he was deemed competent to face trial on sex trafficking allegations this autumn, a US district court has been told.

The audio were part of more than 100 telephone conversations between the former retail executive and Matthew Smith cited during a multi-day mental competency proceeding this week on Long Island.

Jeffries' legal team contend that he is coping with dementia and late onset of Alzheimer's and is incapable to stand trial together with his partner and their alleged middleman in October.

In contrast, prosecutors say their medical experts found his mental state has gotten better and that the recordings reveal he is extremely preoccupied on being ruled incompetent.

In further tapes, Jeffries states he is hoping for a good outcome, characterizing being found fit as a calamity, and instructs a physician: you must declare me unfit, the Central Islip court learned.

Legal Hearings and Health Testimony

The recordings were taped last year while he was being treated for four months in a treatment center at a federal prison in North Carolina to see if he could restore fitness.

The 81-year-old had in the past been deemed mentally incompetent last May but prison officials then declared in December that he was competent for trial following his evaluation.

Prosecutors advised the judge Jeffries often complained about life in jail and was caught on tape telling to Smith how horrible incarceration was, remarking: so we must pull this off.

Context

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

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

Their arrests were prompted by an exposé that uncovered the group had been at the heart of a elaborate network scouting individuals for sex globally while Jeffries was chief executive of Abercrombie & Fitch.

The Honorable Nusrat J. Choudhury will decide in May about whether Jeffries will be tried after weighing the evidence of several professionals - psychologists, doctors and medical experts, including correctional physicians - who were examined in proceedings during the hearing.

'Disinhibited' Behavior

A trio of medical witnesses for the defense, maintain that Jeffries is cognitively impaired due to the residual effects of a brain trauma, likely dementia and Alzheimer's disease.

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

Instances involve Jeffries calling the prosecution's expert witness 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 heard in excruciating detail on around 20 jail conversations discussing his trips abroad for the next few months, even though having been on restricted movement since 2024.

"I can't go on trips without you," Jeffries was heard telling Smith from prison.

The prosecution contend this demonstrates his understanding that he would regain his freedom if he was ruled incompetent and the charges were dismissed.

In contrast, the defense's witnesses disagree, saying it instead underscores that Jeffries does not remember his legal restrictions and the seriousness of the situation.

"I didn't see the expected reaction that I would anticipate someone to have who is up against such severe charges," stated one expert who reviewed Jeffries.

"Rather, his behavior throughout the examination... was similar to we were having a chat at his club. There was no sense of alarm."

Conflicting Medical Opinions

Testimony indicated there is evidence that Jeffries' mental decline began in 2013, when scans showed brain shrinkage, which was exacerbated by a incident in 2018.

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

After the fall, Jeffries experienced psychosis, and began having visions, with one incident in 2019 where he was found in his underwear, incapacitated, in a neighbour's garden.

Medical professionals from a treatment facility testified that Jeffries was fit after assessing him over several months in the facility.

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

"Even given the deterioration that Mr Jeffries has undergone... he still is more capable and more functioning cognitively than probably 95% of the individuals that we test for fitness," testified one neuropsychologist.

Jeffries, dressed in a formal wear in the courtroom, was reported to be lighthearted and rather personable during evaluations in the facility, and was intentionally being provocative, on occasion using informal terms.

They found Jeffries with mild neurocognitive deficits and suggested his results may have improved since 2023 from low or deficient to typical because of abstinence from alcohol and more consistent medication management during his confinement.

109 Prison Calls Present Concerns

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