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Ex- the fashion retailer top executive Mike Jeffries was taped saying to his British partner how they'd be screwed and in big trouble if he was declared competent to go to trial on human trafficking allegations later this year, a US district court has learned.

The taped conversations were among over 100 recorded calls between the ex-fashion boss and Matthew Smith referred to during a multi-day legal competency proceeding recently on Long Island.

Jeffries' attorneys argue that he is suffering with cognitive decline 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 doctors found his health has stabilized and that the conversations reveal he is extremely preoccupied on being ruled not competent.

In further audio clips, Jeffries states he is wishing for a positive result, labeling being found fit as a disaster, and instructs a physician: you better declare me unfit, the court was told.

Judicial Process and Psychiatric Opinions

The calls were recorded last year while he was being treated for several months in a mental health unit at a US prison in North Carolina to assess if he could restore fitness.

The elderly defendant had earlier been ruled legally unfit in May but correctional authorities then announced in December that he was fit for trial following his evaluation.

The prosecution told the judge Jeffries often protested incarceration and was recorded explaining to Smith how horrible incarceration was, adding: so we must pull this off.

Context

Jeffries, his partner Smith, 62, and their purported middleman James Jacobson, 73, were charged with orchestrating a global trafficking and prostitution enterprise in October 2024.

They have denied the allegations, which could result in a maximum sentence of life in prison.

Their being taken into custody followed an report that revealed the group had been at the centre of a complex scheme sourcing individuals for sex internationally while Jeffries was CEO of Abercrombie & Fitch.

Judge Nusrat J. Choudhury will rule in May about whether Jeffries will face trial after weighing the statements of multiple specialists - forensic psychologists, psychiatrists and neurologists, including correctional physicians - who were questioned in proceedings recently.

'Disinhibited' Behavior

Several defense witnesses, testify that Jeffries is mentally incompetent due to the lingering impact of a brain trauma, suspected a form of dementia and Alzheimer's disease.

They said under oath that Jeffries exhibits unfiltered and off-color behavior, which is part of a set of symptoms.

Instances involve Jeffries referring to the prosecutor'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 derogatory term, the court heard.

He was also heard in excruciating detail on approximately 20 jail conversations talking about his travel itinerary for the next few months, notwithstanding having been on house arrest since 2024.

"I can't go on trips without you," Jeffries was overheard saying to Smith from jail.

The prosecution contend this shows his understanding that he would regain his freedom if he was ruled unfit and the indictment were dropped.

However, the defence's medical experts counter, saying it instead points to that Jeffries does not remember his conditions and the seriousness of the case.

"I didn't see the expected reaction that I would anticipate someone to have who is facing such severe allegations," stated one forensic psychiatrist who reviewed Jeffries.

"Rather, his demeanor during the assessment... was almost like we were having lunch at his club. There was no sense of alarm."

Diverging Psychiatric Assessments

Reports indicated there is evidence that Jeffries' cognitive deterioration began in 2013, when tests showed mild atrophy, which was exacerbated by a accident in 2018.

Jeffries had been consuming alcohol at the time of the 2018 fall and his medical records showed he continued drinking after being hospitalized, but an expert told the judge he did not think his general drinking had a significant effect on his condition.

In the wake of the fall, Jeffries experienced psychosis, and started having visions, with one event in 2019 where he was located in his underwear, incapacitated, in a neighbour's garden.

Doctors from a prison hospital testified that Jeffries was fit after assessing him over several months in the facility.

They contend his cognitive abilities did not match Alzheimer's disease, which the court heard could not be absolutely determined until an autopsy could be performed.

"Even given the deterioration that Mr Jeffries has experienced... he still is sharper and more able mentally than probably 95% of the individuals that we evaluate for fitness," testified one expert.

Jeffries, wearing a formal wear in the courtroom, was reported to be jovial and fairly charismatic during evaluations in prison, and was deliberately pushing boundaries, sometimes using disrespectful language.

They diagnosed Jeffries with slight deficits and said his testing scores may have risen since 2023 from borderline or deficient to normal because of stopping drinking and improved management of prescriptions during his stay.

109 Recorded Conversations Present Questions

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