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Former the fashion retailer top executive Mike Jeffries was recorded informing his British partner how they are in serious trouble and in big trouble if he was found fit to face trial on trafficking accusations later this year, a New York federal court has heard.

The recordings were part of in excess of 100 recorded calls between the ex-fashion boss and Matthew Smith referred to during a lengthy legal competency session on Long Island on Long Island.

Jeffries' attorneys assert that he is coping with cognitive decline and the onset of Alzheimer's and is incapable to stand trial alongside his partner and their alleged middleman in October.

Nevertheless, government lawyers argue their doctors concluded his mental state has gotten better and that the conversations show he is incredibly fixated on being declared unfit.

In other recordings, Jeffries is heard saying he is wishing for a positive result, labeling being deemed competent as a disaster, and tells a doctor: you had better find me unfit, the Central Islip court was told.

Judicial Proceedings and Health Testimony

The calls were made last year while he was being held for four months in a mental health unit at a federal prison in North Carolina to determine if he could recover his faculties.

The 81-year-old had previously been found not competent previously but correctional authorities then announced in December that he was competent for trial subsequent to his treatment period.

Government attorneys advised the judge Jeffries frequently griped about life in jail and was heard describing to Smith how terrible incarceration was, remarking: so we must pull this off.

Background

Jeffries, his partner Smith, 62, and their accused intermediary James Jacobson, 73, were charged with operating a global human trafficking and prostitution operation in October 2024.

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

Their arrests followed an exposé that showed the three had been at the heart of a elaborate network scouting young men for sex around the world 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 testimony of several professionals - experts, specialists and medical experts, including prison doctors - who were cross-examined in proceedings this week.

'Inappropriate' Conduct

A trio of medical witnesses for the defense, argue that Jeffries is legally unfit due to the residual effects of a head injury, likely a form of dementia and Alzheimer's disease.

They said under oath that Jeffries shows disinhibited and socially inappropriate conduct, which is consistent with a set of cognitive symptoms.

Instances involve Jeffries referring to the prosecution's psychologist a cunning bitch, complimenting her hair, telling another expert his clothing was ill-fitting, and referring to his partner Smith as a midget, they say.

He was also heard in minute detail on around 20 recorded calls discussing his international travel plans for the coming months, notwithstanding having been on house arrest since 2024.

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

Prosecutors argue this shows his understanding that he would be released if he was ruled unfit and the charges were dismissed.

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

"I didn't see the normal affect that I would anticipate someone to have who is facing such grave allegations," said one forensic psychiatrist who assessed Jeffries.

"Instead, his demeanor during the evaluation... was similar to we were having a chat at his club. There was no sense of distress."

Opposing Psychiatric Diagnoses

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

Jeffries had been intoxicated at the time of the 2018 fall and his records showed he kept on drinking subsequent to being hospitalised, but an expert told the judge he did not think his typical intake had a significant effect on his health.

After the fall, Jeffries suffered a psychotic break, and started having visions, with one event in 2019 where he was found in his underwear, immobile, in a neighbour's garden.

Experts from a treatment facility stated that Jeffries was fit after evaluating him over several months in prison.

They say 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 deterioration that Mr Jeffries has suffered... he still is brighter and more able intellectually than probably 95% of the individuals that we evaluate for fitness," stated one neuropsychologist.

Jeffries, dressed in a business attire in the hearing, was reported to be lighthearted and fairly charismatic during interactions in the facility, and was deliberately pushing boundaries, on occasion using familiar address.

They found Jeffries with minor cognitive impairments and indicated his performance on tests may have risen since 2023 from low or deficient to typical because of sobriety and improved management of prescriptions during his confinement.

109 Recorded Conversations Present Questions

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