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Former A&F chief executive Mike Jeffries was heard on tape telling his associate that they were in serious trouble and in big trouble if he was found competent to stand trial on sex trafficking charges later this year, a US district court has heard.

The audio were among over 100 phone calls between the one-time CEO and Matthew Smith played during a lengthy mental competency proceeding on Long Island on Long Island.

Jeffries' legal team argue that he is battling dementia and late onset of the disease and is not competent to stand trial together with his partner and their accused middleman in October.

However, the prosecution contend their medical experts concluded his health has stabilized and that the recordings show he is incredibly fixated on being ruled unfit.

In other audio clips, Jeffries states he is hoping for a favorable ruling, labeling being deemed competent as a calamity, and instructs a physician: you must find me unfit, the Central Islip court heard.

Judicial Proceedings and Health Testimony

The conversations were made last year while he was being held for a period of months in a psychiatric facility at a federal prison in North Carolina to determine if he could recover fitness.

The octogenarian had in the past been deemed not competent previously but prison officials then stated in December that he was competent for proceedings after his evaluation.

The prosecution told the court Jeffries repeatedly griped about prison conditions and was caught on tape telling to Smith how terrible prison was, adding: that's why we got to succeed.

The Case

Jeffries, his partner Smith, 62, and their purported go-between James Jacobson, 73, were indicted with orchestrating a global human trafficking and commercial sex business in October 2024.

They have denied the charges, which have a potential penalty of a life term.

Their being taken into custody followed an investigation that uncovered the trio had been at the heart of a elaborate scheme 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 evidence of six experts - experts, specialists and medical experts, including correctional physicians - who were cross-examined in proceedings this week.

'Inappropriate' Behavior

A trio of defense witnesses, maintain that Jeffries is mentally incompetent due to the after-effects of a brain trauma, probable a form of dementia and Alzheimer's disease.

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

Examples involve Jeffries calling the prosecution's professional psychologist a cunning bitch, complimenting her hair, informing another expert his clothing was badly made, and referring to his partner Smith as a derogatory term, they say.

He was also recorded in minute detail on approximately 20 jail conversations planning his trips abroad for the near future, notwithstanding having been on home confinement since 2024.

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

The prosecution argue this shows his awareness that he would be released if he was declared incompetent and the case were dropped.

Conversely, the defence's expert witnesses disagree, saying it instead highlights that Jeffries does not remember his court-ordered limits and the seriousness of the case.

"He lacked the appropriate emotional response that I would anticipate someone to have who is confronting such severe charges," stated one doctor who evaluated Jeffries.

"Instead, his demeanor during the examination... was similar to we were having a meal at his home. There was no indication of distress."

Diverging Neurological Opinions

Reports indicated there is information that Jeffries' mental decline began in 2013, when tests showed brain shrinkage, which was worsened by a incident in 2018.

Jeffries had been drinking alcohol at the time of the 2018 incident and his history showed he persisted in drinking subsequent to being hospitalized, but an expert told the judge he did not think his typical alcohol consumption had a decisive influence on his health.

After the fall, Jeffries became psychotic, and started having visions, with one event in 2019 where he was found in his underwear, immobile, in a neighbor's yard.

Medical professionals from a Federal Medical Center stated that Jeffries was fit after evaluating him over four months in custody.

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

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

Jeffries, dressed in a formal wear in the court, was described as lighthearted and fairly engaging during evaluations in prison, and was purposely testing the limits, sometimes using disrespectful address.

They diagnosed Jeffries with slight deficits and said his results may have gotten better since 2023 from borderline or deficient to typical because of abstinence from alcohol and more consistent treatment during his evaluation.

109 Prison Calls Prompt Issues

Key to determining fitness is whether Jeffries understands the allegations against him, their consequences, the {legal proceedings|court process|trial