Correctional Facility Telephone Recordings Prompt Doubts About Former Abercrombie CEO's Ability for Trial

One-time A&F chief executive Mike Jeffries was taped saying to his UK-based partner that they are screwed and in deep trouble if he was declared fit to go to trial on human trafficking allegations this autumn, a New York federal court has learned.

The audio were among in excess of 100 recorded calls between the ex-fashion boss and Matthew Smith played during a four-day fitness to stand trial session recently on Long Island.

Jeffries' lawyers assert that he is suffering with cognitive decline and late onset of Alzheimer's and is not competent to stand trial next to his partner and their alleged intermediary in October.

Nevertheless, prosecutors argue their health professionals determined his condition has stabilized and that the conversations reveal he is incredibly focused on being ruled not competent.

In additional tapes, Jeffries states he is hoping for a favorable ruling, labeling being found fit as a disaster, and says to a physician: you must declare me incompetent, the court learned.

Judicial Hearings and Medical Testimony

The conversations were made the previous year while he was being held for four months in a psychiatric facility at a federal prison in North Carolina to assess if he could restore competency.

The elderly defendant had earlier been ruled not competent in May but correctional authorities then announced in December that he was fit for trial subsequent to his evaluation.

Government attorneys advised the judge Jeffries frequently protested prison conditions and was recorded describing to Smith how awful jail was, stating: that's why we have to succeed.

Context

Jeffries, his partner Smith, 62, and their purported go-between James Jacobson, 73, were charged with running a worldwide trafficking and prostitution business in October 2024.

They have denied the charges, which carry a maximum sentence of a life term.

Their being taken into custody were prompted by an report that showed the trio had been at the centre of a complex operation scouting individuals for sex around the world while Jeffries was the head of Abercrombie & Fitch.

The Honorable Nusrat J. Choudhury will decide in May about whether Jeffries will face trial after weighing the evidence of six experts - forensic psychologists, doctors and brain specialists, including correctional physicians - who were questioned in court recently.

'Disinhibited' Behavior

A trio of medical witnesses for the defense, maintain that Jeffries is cognitively impaired due to the residual effects of a brain trauma, probable dementia and Alzheimer's disease.

They stated that Jeffries shows disinhibited and off-color conduct, which is symptomatic of a set of symptoms.

Examples include Jeffries calling the prosecution's psychologist a cunning bitch, complimenting her hair, informing another expert his clothing was ill-fitting, and describing his partner Smith as a dwarf, the court heard.

He was also taped in great detail on approximately 20 prison calls planning his trips abroad for the next few months, even though having been on house arrest since 2024.

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

The prosecution suggest this shows his recognition that he would be released if he was ruled unfit and the charges were dropped.

In contrast, the defense's medical experts counter, saying it instead highlights that Jeffries has forgotten his legal restrictions and the gravity of the situation.

"He lacked the normal affect that I would expect someone to have who is confronting such serious allegations," said one forensic psychiatrist who assessed Jeffries.

"Rather, his manner throughout the assessment... was similar to we were having a meal at his club. There was no indication of distress."

Opposing Psychiatric Opinions

Evidence indicated there is evidence that Jeffries' cognitive deterioration began in 2013, when imaging showed brain shrinkage, which was worsened by a accident in 2018.

Jeffries had been drinking alcohol at the time of the 2018 fall and his records showed he kept on drinking following being hospitalized, but an expert told the judge he did not think his typical intake had a major impact on his condition.

Following the fall, Jeffries became psychotic, and started seeing things, with one episode in 2019 where he was located in his underclothes, immobile, in a neighbour's garden.

Experts from a Federal Medical Center said that Jeffries was fit after observing him over an extended period in custody.

They contend his mental faculties 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 reduction that Mr Jeffries has experienced... he still is brighter and more capable cognitively than probably 95% of the patients that we evaluate for fitness," stated one doctor.

Jeffries, dressed in a formal wear in the court, was reported to be jovial and quite charismatic during interactions in prison, and was deliberately being provocative, at times using informal terms.

They assessed Jeffries with minor cognitive impairments and said his performance on tests may have improved since 2023 from borderline or impaired to normal because of abstinence from alcohol and better medication management during his stay.

109 Jail Recordings Present Concerns

Fundamental to establishing competency is whether Jeffries understands the charges against him, their penalties, the {legal proceedings|court process|trial