Ex- the fashion retailer chief executive Mike Jeffries was taped telling his UK-based partner how they'd be finished and in grave danger if he was declared competent to stand trial on sex trafficking allegations this autumn, a New York federal court has learned.
The audio were among in excess of 100 telephone conversations between the former retail executive and Matthew Smith played during a four-day mental competency proceeding on Long Island on Long Island.
Jeffries' attorneys assert that he is battling cognitive decline and the onset of the disease and is unfit to be tried alongside his partner and their alleged intermediary in October.
In contrast, government lawyers say their doctors determined his condition has gotten better and that the conversations reveal he is incredibly fixated on being declared incompetent.
In further recordings, Jeffries is heard saying he is wishing for a good outcome, characterizing being ruled able as a disaster, and instructs a medical professional: you must rule me incompetent, the court learned.
The recordings were made in the past year while he was being treated for four months in a mental health unit at a federal prison in North Carolina to see if he could restore competency.
The octogenarian had earlier been ruled legally unfit last May but facility staff then stated in December that he was fit for trial following his evaluation.
Government attorneys informed the judge Jeffries often protested prison conditions and was caught on tape explaining to Smith how horrible prison was, stating: which is why we got to succeed.
Jeffries, his partner Smith, 62, and their alleged middleman James Jacobson, 73, were accused with orchestrating a worldwide trafficking and prostitution business in October 2024.
They have denied the allegations, which have a maximum sentence of a life term.
Their detentions were prompted by an investigation that revealed the three had been at the heart of a elaborate scheme sourcing individuals for sex around the world while Jeffries was CEO of Abercrombie & Fitch.
Presiding Judge Nusrat J. Choudhury will decide in May about whether Jeffries will stand trial after weighing the evidence of six experts - forensic psychologists, psychiatrists and neurologists, including prison doctors - who were questioned in the courtroom during the hearing.
A trio of defence experts, testify that Jeffries is mentally incompetent due to the after-effects of a brain trauma, suspected a form of dementia and Alzheimer's disease.
They said under oath that Jeffries exhibits socially inappropriate and improper behaviour, which is part of a spectrum of cognitive symptoms.
Reported incidents are Jeffries referring to the prosecution's expert witness a cunning bitch, complimenting her hair, telling another expert his clothing was ill-fitting, and describing his partner Smith as a dwarf, according to testimony.
He was also recorded in great detail on approximately 20 recorded calls planning his travel itinerary for the next few months, even though having been on restricted movement since 2024.
"I wouldn't want to go on trips without you," Jeffries was heard saying to Smith from incarceration.
Prosecutors argue this demonstrates his recognition that he would regain his freedom if he was declared incompetent and the case were dropped.
In contrast, the defence's expert witnesses counter, saying it instead underscores that Jeffries fails to recall his legal restrictions and the severity of the charges.
"He lacked the expected reaction that I would anticipate someone to have who is confronting such grave allegations," stated one forensic psychiatrist who reviewed Jeffries.
"On the contrary, his demeanor throughout the assessment... was almost like we were having a chat at his home. There was no sign of distress."
Testimony indicated there is information that Jeffries' decline began in 2013, when scans showed brain shrinkage, which was accelerated by a fall in 2018.
Jeffries had been intoxicated at the moment of the 2018 fall and his history showed he continued drinking subsequent to being treated, but an expert told the judge he did not think his general drinking had a decisive influence on his state.
In the wake of the fall, Jeffries became psychotic, and started seeing things, with one event in 2019 where he was found in his underclothes, immobile, in a nearby property.
Experts from a Federal Medical Center testified that Jeffries was fit after observing him over several months in custody.
They say his intellectual functioning did not match Alzheimer's disease, which the court heard could not be absolutely determined until an post-mortem could be performed.
"Even given the deterioration that Mr Jeffries has undergone... he still is brighter and more capable mentally than probably 95% of the individuals that we test for fitness," stated one doctor.
Jeffries, wearing a suit and tie in the court, was described as cheerful and fairly charismatic during evaluations in the facility, and was purposely being provocative, at times using informal address.
They diagnosed Jeffries with minor cognitive impairments and indicated his testing scores may have gotten better since 2023 from low or impaired to average because of sobriety and more consistent treatment during his stay.
Key to determining fitness is whether Jeffries grasps the allegations against him, their implications, the {legal proceedings|court process|trial
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