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One-time the fashion retailer top executive Mike Jeffries was taped telling his associate how they were finished and in big trouble if he was declared competent to stand trial on human trafficking charges this autumn, a US district court has heard.

The recordings were part of in excess of 100 telephone conversations between the ex-fashion boss and Matthew Smith played during a four-day fitness to stand trial hearing recently on Long Island.

Jeffries' legal team assert that he is battling dementia and the onset of Alzheimer's disease and is incapable to stand trial alongside his partner and their accused middleman in October.

Nevertheless, prosecutors contend their doctors concluded his condition has gotten better and that the conversations reveal he is extremely fixated on being found incompetent.

In further audio clips, Jeffries says he is wishing for a favorable ruling, describing being found fit as a disaster, and tells a doctor: you better find me unfit, the court heard.

Legal Proceedings and Health Evidence

The recordings were made the previous year while he was being held for a period of months in a psychiatric facility at a US prison in North Carolina to see if he could restore competency.

The octogenarian had earlier been ruled mentally incompetent in May but facility staff then stated in December that he was able for proceedings subsequent to his evaluation.

Prosecutors advised the court Jeffries repeatedly protested life in jail and was caught on tape telling to Smith how terrible prison was, adding: so we got to make this work.

Context

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

They have entered not guilty pleas the accusations, which carry a maximum sentence of a life term.

Their being taken into custody followed an investigation that showed the group had been at the heart of a complex scheme scouting men for sex globally while Jeffries was chief executive of Abercrombie & Fitch.

Presiding Judge Nusrat J. Choudhury will make a determination in May about whether Jeffries will face trial after considering the statements of six experts - forensic psychologists, psychiatrists and medical experts, including correctional physicians - who were cross-examined in court this week.

'Inappropriate' Conduct

Three medical witnesses for the defense, maintain that Jeffries is legally unfit due to the after-effects of a head injury, suspected a form of dementia and Alzheimer's disease.

They said under oath that Jeffries demonstrates disinhibited and socially inappropriate behaviour, which is part of a set of symptoms.

Instances are Jeffries referring to the prosecution's psychologist a derogatory term, remarking on her hair, telling another expert his clothing was badly made, and describing his partner Smith as a dwarf, the court heard.

He was also recorded in minute detail on about 20 prison calls talking about his international travel plans for the near future, despite having been on restricted movement since 2024.

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

The prosecution argue this indicates his recognition that he would regain his freedom if he was ruled unfit and the indictment were dismissed.

In contrast, the defense's witnesses counter, arguing it instead points to that Jeffries has forgotten his legal restrictions and the gravity of the case.

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

"Rather, his behavior during the examination... was similar to we were having a meal at his country club. There was no sign of alarm."

Opposing Neurological Opinions

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

Jeffries had been consuming alcohol at the moment of the 2018 event and his history showed he continued drinking after being hospitalised, but an expert told the judge he did not think his typical alcohol consumption had a decisive influence on his state.

Following the fall, Jeffries suffered a psychotic break, and started having visions, with one event in 2019 where he was discovered in his underclothes, incapacitated, in a neighbour's garden.

Doctors from a treatment facility stated that Jeffries was able after observing him over an extended period in prison.

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 declines that Mr Jeffries has suffered... he still is brighter and more able intellectually than probably 95% of the patients that we test for fitness," said one neuropsychologist.

Jeffries, wearing a suit and tie in the hearing, was described as jovial and rather charismatic during meetings in the facility, and was deliberately testing the limits, at times using disrespectful language.

They assessed Jeffries with mild neurocognitive deficits and said his performance on tests may have risen since 2023 from low or impaired to typical because of stopping drinking and better management of prescriptions during his confinement.

109 Jail Recordings Present Issues

Central to assessing fitness is whether Jeffries understands the charges against him, their implications, the {legal proceedings|court process|trial