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Ex- the fashion retailer CEO Mike Jeffries was heard on tape saying to his UK-based partner how they were in serious trouble and in grave danger if he was deemed competent to face trial on trafficking charges later this year, a federal court in NY has heard.

The recordings were among over 100 telephone conversations between the former retail executive and Matthew Smith cited during a four-day legal competency hearing on Long Island on Long Island.

Jeffries' attorneys argue that he is suffering with dementia and the onset of the disease and is unfit to face trial next to his partner and their accused intermediary in October.

In contrast, the prosecution contend their health professionals determined his health has stabilized and that the calls demonstrate he is incredibly preoccupied on being declared not competent.

In further audio clips, Jeffries is heard saying he is hoping for a good outcome, labeling being deemed competent as a catastrophe, and tells a doctor: you must declare me unfit, the judge learned.

Legal Hearings and Health Testimony

The calls were made in the past year while he was being evaluated for four months in a psychiatric facility at a correctional institution in North Carolina to see if he could restore fitness.

The elderly defendant had in the past been deemed mentally incompetent last May but correctional authorities then stated in December that he was fit for trial subsequent to his treatment period.

Government attorneys told the court Jeffries often complained about prison conditions and was heard describing to Smith how terrible prison was, adding: so we must make this work.

Background

Jeffries, his partner Smith, 62, and their alleged go-between James Jacobson, 73, were charged with running a global human trafficking and commercial sex enterprise in October 2024.

They have pleaded not guilty the allegations, which carry a maximum sentence of life in prison.

Their detentions were prompted by an exposé that showed the three had been at the core of a sophisticated scheme sourcing men for sex internationally while Jeffries was the head of Abercrombie & Fitch.

Judge Nusrat J. Choudhury will decide in May about whether Jeffries will stand trial after weighing the statements of six experts - experts, psychiatrists and brain specialists, including prison doctors - who were examined in the courtroom this week.

'Unrestrained' Conduct

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

They said under oath that Jeffries shows socially inappropriate and off-color behaviour, which is symptomatic of a spectrum of dementia symptoms.

Examples are Jeffries referring to the prosecution's psychologist a derogatory term, remarking on her hair, informing another expert his clothing was ill-fitting, and referring to his partner Smith as a dwarf, the court heard.

He was also recorded in minute detail on around 20 prison calls planning his trips abroad for the coming months, even though having been on house arrest since 2024.

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

The prosecution contend this indicates his recognition that he would be released if he was found unfit and the charges were dismissed.

In contrast, the defence's medical experts counter, arguing it instead points to that Jeffries fails to recall his legal restrictions and the severity of the case.

"He lacked the normal reaction that I would expect someone to have who is confronting such grave charges," testified one forensic psychiatrist who evaluated Jeffries.

"Rather, his behavior throughout the assessment... was similar to we were having a chat at his club. There was no sign of anxiety."

Opposing Psychiatric Opinions

Testimony indicated there is evidence that Jeffries' mental decline started in 2013, when scans showed reduction in volume, which was worsened by a fall in 2018.

Jeffries had been consuming alcohol at the moment of the 2018 incident and his records showed he persisted in drinking after being treated, but an expert told the judge he did not think his general intake had a decisive influence on his health.

After the fall, Jeffries became psychotic, and began hallucinating, with one incident in 2019 where he was discovered in his underwear, unable to move, in a nearby property.

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

They contend his mental faculties were not consistent with Alzheimer's disease, which the court heard could not be absolutely determined until an examination could be performed.

"Even given the reduction that Mr Jeffries has undergone... he still is brighter and more functioning intellectually than probably 95% of the inmates that we assess for competency," testified one expert.

Jeffries, dressed in a suit and tie in the court, was reported to be jovial and quite engaging during interactions in the facility, and was deliberately testing the limits, at times using familiar address.

They diagnosed Jeffries with slight deficits and suggested his testing scores may have risen since 2023 from borderline or impaired to typical because of stopping drinking and improved medication management during his stay.

109 Jail Recordings Present Issues

Central to determining fitness is whether Jeffries grasps the allegations against him, their implications, the {legal proceedings|court process|trial