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Former the fashion retailer CEO Mike Jeffries was heard on tape telling his British partner how they were in serious trouble and in grave danger if he was declared able to go to trial on trafficking allegations this autumn, a federal court in NY has heard.

The audio were among more than 100 phone calls between the former retail executive and Matthew Smith played during a multi-day legal competency hearing on Long Island on Long Island.

Jeffries' attorneys argue that he is suffering with dementia and late onset of Alzheimer's disease and is unfit to be tried together with his partner and their purported intermediary in October.

In contrast, the prosecution contend their health professionals found his health has improved and that the calls reveal he is remarkably focused on being ruled unfit.

In further audio clips, Jeffries states he is praying for a favorable ruling, labeling being deemed competent as a disaster, and says to a physician: you had better declare me unfit, the court was told.

Court Hearings and Health Opinions

The calls were taped the previous year while he was being held for a period of months in a mental health unit at a correctional institution in North Carolina to determine if he could recover his faculties.

The 81-year-old had earlier been ruled legally unfit last May but prison officials then declared in December that he was fit for proceedings following his evaluation.

Government attorneys informed the judge Jeffries repeatedly griped about incarceration and was recorded describing to Smith how horrible prison was, stating: so we must succeed.

Context

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

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

Their detentions followed an investigation that showed the trio had been at the heart of a sophisticated scheme scouting men for sex globally while Jeffries was the head of Abercrombie & Fitch.

Judge Nusrat J. Choudhury will make a determination in May about whether Jeffries will be tried after considering the testimony of multiple specialists - forensic psychologists, doctors and brain specialists, including correctional physicians - who were questioned in the courtroom this week.

'Disinhibited' Behavior

Several defense witnesses, maintain that Jeffries is legally unfit due to the lingering impact of a brain trauma, probable Lewy body dementia and Alzheimer's disease.

They stated that Jeffries shows disinhibited and improper behavior, which is part of a spectrum of cognitive symptoms.

Examples are Jeffries calling the prosecutor's expert witness a insult, remarking on her hair, telling another expert his clothing was poorly tailored, and describing his partner Smith as a derogatory term, they say.

He was also recorded in great detail on around 20 recorded calls planning his travel itinerary for the near future, even though having been on house arrest since 2024.

"I wouldn't want to go on trips without you," Jeffries was heard saying to Smith from jail.

Prosecutors suggest this demonstrates his understanding that he would regain his freedom if he was found incompetent and the charges were dismissed.

However, the defense's expert witnesses disagree, arguing it instead highlights that Jeffries fails to recall his legal restrictions and the severity of the charges.

"I didn't see the normal emotional response that I would expect someone to have who is confronting such grave charges," stated one forensic psychiatrist who reviewed Jeffries.

"Instead, his behavior during the assessment... was similar to we were having a meal at his club. There was no sense of distress."

Opposing Neurological Diagnoses

Reports indicated there is data that Jeffries' mental decline started in 2013, when imaging showed mild atrophy, which was worsened by a incident in 2018.

Jeffries had been intoxicated at the moment of the 2018 event and his history showed he persisted in drinking subsequent to being treated, but an expert told the judge he did not think his typical alcohol consumption had a significant effect on his condition.

After the fall, Jeffries suffered a psychotic break, and began hallucinating, with one episode in 2019 where he was discovered in his underclothes, unable to move, in a neighbour's garden.

Medical professionals from a Federal Medical Center said that Jeffries was able after observing him over several months in prison.

They contend his cognitive abilities were not consistent with Alzheimer's disease, which the court heard could not be conclusively diagnosed until an examination could be performed.

"Even given the reduction that Mr Jeffries has suffered... he still is more capable and more functioning intellectually than probably 95% of the individuals that we evaluate for fitness," testified one doctor.

Jeffries, dressed in a business attire in the hearing, was described as cheerful and fairly charismatic during interactions in prison, and was purposely testing the limits, at times using disrespectful address.

They assessed Jeffries with mild neurocognitive deficits and suggested his testing scores may have risen since 2023 from low or deficient to normal because of stopping drinking and better management of prescriptions during his stay.

109 Recorded Conversations Raise Questions

Key to determining competency is whether Jeffries comprehends the charges against him, their penalties, the {legal proceedings|court process|trial