Former the fashion retailer chief executive Mike Jeffries was recorded informing his associate how they were screwed and in deep trouble if he was declared competent to go to trial on human trafficking accusations in the coming months, a US district court has been told.
The taped conversations were among in excess of 100 telephone conversations between the former retail executive and Matthew Smith referred to during a lengthy legal competency proceeding recently on Long Island.
Jeffries' lawyers contend that he is suffering with cognitive decline and late onset of the disease and is not competent to stand trial together with his partner and their alleged facilitator in October.
Nevertheless, government lawyers argue their doctors concluded his mental state has stabilized and that the conversations reveal he is incredibly fixated on being declared incompetent.
In additional tapes, Jeffries says he is praying for a favorable ruling, characterizing being found fit as a disaster, and tells a doctor: you had better find me unfit, the Central Islip court learned.
The conversations were taped the previous year while he was being evaluated for four months in a mental health unit at a US prison in North Carolina to determine if he could regain his faculties.
The elderly defendant had in the past been deemed mentally incompetent in May but correctional authorities then declared in December that he was able for proceedings after his hospital stay.
The prosecution advised the judge Jeffries frequently protested life in jail and was caught on tape telling to Smith how horrible incarceration was, remarking: so we have to make this work.
Jeffries, his partner Smith, 62, and their alleged go-between James Jacobson, 73, were indicted with orchestrating a international human trafficking and commercial sex business in October 2024.
They have pleaded not guilty the accusations, which have a potential penalty of life imprisonment.
Their arrests were prompted by an exposé that uncovered the group had been at the core of a elaborate network scouting young men for sex around the world while Jeffries was the head of Abercrombie & Fitch.
The Honorable Nusrat J. Choudhury will make a determination in May about whether Jeffries will face trial after reviewing the statements of several professionals - forensic psychologists, psychiatrists and neurologists, including facility doctors - who were questioned in the courtroom during the hearing.
A trio of medical witnesses for the defense, testify that Jeffries is mentally incompetent due to the after-effects of a brain trauma, likely a form of dementia and Alzheimer's disease.
They stated that Jeffries exhibits socially inappropriate and improper behaviour, which is symptomatic of a set of dementia symptoms.
Instances are Jeffries calling the prosecution's professional psychologist a cunning bitch, praising her hair, telling another expert his clothing was poorly tailored, and describing his partner Smith as a midget, the court heard.
He was also taped in minute detail on approximately 20 jail conversations talking about his international travel plans for the coming months, notwithstanding having been on restricted movement since 2024.
"I can't go on trips without you," Jeffries was heard telling Smith from incarceration.
The prosecution contend this shows his understanding that he would go free if he was ruled unfit and the case were dropped.
However, the defense's expert witnesses have a different view, saying it instead underscores that Jeffries fails to recall his court-ordered limits and the seriousness of the charges.
"He lacked the expected affect that I would anticipate someone to have who is up against such severe allegations," stated one doctor who evaluated Jeffries.
"On the contrary, his manner throughout the examination... was as if we were having lunch at his country club. There was no sign of anxiety."
Reports indicated there is information that Jeffries' mental decline started in 2013, when imaging showed mild atrophy, which was accelerated by a incident in 2018.
Jeffries had been intoxicated at the moment of the 2018 event and his history showed he continued drinking following being hospitalised, but an expert told the judge he did not think his typical intake had a significant effect on his state.
In the wake of the fall, Jeffries experienced psychosis, and started seeing things, with one episode in 2019 where he was located in his underclothes, incapacitated, in a neighbour's garden.
Doctors from a treatment facility testified that Jeffries was competent after observing him over an extended period in custody.
They assert his mental faculties did not match Alzheimer's disease, which the court heard could not be conclusively diagnosed until an post-mortem could be performed.
"Even given the reduction that Mr Jeffries has experienced... he still is brighter and more capable mentally than probably 95% of the inmates that we assess for competency," stated one expert.
Jeffries, dressed in a formal wear in the hearing, was reported to be cheerful and rather personable during evaluations in prison, and was deliberately testing the limits, on occasion using disrespectful address.
They found Jeffries with slight deficits and indicated his testing scores may have improved since 2023 from low or deficient to typical because of stopping drinking and more consistent treatment during his evaluation.
Fundamental to determining competency is whether Jeffries grasps the allegations against him, their implications, the {legal proceedings|court process|trial