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Ex- A&F chief executive Mike Jeffries was heard on tape informing his UK-based partner how they are in serious trouble and in big trouble if he was deemed fit to stand trial on sex trafficking accusations later this year, a federal court in NY has heard.

The recordings were included in more than 100 phone calls between the one-time CEO and Matthew Smith cited during a four-day fitness to stand trial proceeding on Long Island on Long Island.

Jeffries' attorneys contend that he is coping with cognitive decline and late onset of the disease and is unfit to be tried next to his partner and their purported middleman in October.

However, the prosecution argue their health professionals determined his health has improved and that the conversations show he is extremely preoccupied on being found not competent.

In other tapes, Jeffries says he is hoping for a good outcome, describing being found fit as a calamity, and instructs a physician: you had better declare me unfit, the court learned.

Judicial Proceedings and Health Evidence

The calls were taped last year while he was being treated for several months in a treatment center at a US prison in North Carolina to assess if he could recover his faculties.

The 81-year-old had previously been found not competent previously but prison officials then declared in December that he was able for trial subsequent to his hospital stay.

The prosecution informed the court Jeffries repeatedly complained about life in jail and was heard telling to Smith how awful prison was, remarking: so we must make this work.

Context

Jeffries, his partner Smith, 62, and their purported intermediary James Jacobson, 73, were indicted with orchestrating a worldwide sex trafficking and prostitution enterprise in October 2024.

They have entered not guilty pleas the charges, which could result in a maximum sentence of a life term.

Their detentions were prompted by an exposé that uncovered the trio had been at the core of a complex scheme sourcing men for sex around the world while Jeffries was chief executive of Abercrombie & Fitch.

Judge Nusrat J. Choudhury will rule in May about whether Jeffries will face trial after weighing the evidence of multiple specialists - forensic psychologists, specialists and medical experts, including facility doctors - who were examined in the courtroom recently.

'Inappropriate' Behaviour

A trio of medical witnesses for the defense, argue that Jeffries is cognitively impaired due to the residual effects of a traumatic brain injury, suspected a form of dementia and Alzheimer's disease.

They said under oath that Jeffries demonstrates socially inappropriate and off-color behaviour, which is part of a spectrum of dementia symptoms.

Examples are Jeffries calling the prosecution's psychologist a cunning bitch, praising her hair, telling another expert his clothing was poorly tailored, and referring to his partner Smith as a dwarf, according to testimony.

He was also heard in great detail on around 20 recorded calls discussing his international travel plans 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 overheard saying to Smith from incarceration.

Prosecutors suggest this demonstrates his understanding that he would regain his freedom if he was found unfit and the indictment were dropped.

However, the defence's expert witnesses have a different view, saying it instead points to that Jeffries has forgotten his court-ordered limits and the gravity of the case.

"He lacked the expected reaction that I would expect someone to have who is confronting such serious allegations," stated one doctor who evaluated Jeffries.

"Rather, his behavior during the assessment... was similar to we were having lunch at his home. There was no sign of distress."

Opposing Medical Diagnoses

Reports indicated there is information that Jeffries' cognitive deterioration commenced in 2013, when scans showed reduction in volume, which was worsened by a fall in 2018.

Jeffries had been intoxicated at the time of the 2018 event and his history showed he persisted in drinking following being hospitalized, but an expert told the judge he did not think his overall drinking had a decisive influence on his health.

In the wake of the fall, Jeffries experienced psychosis, and began seeing things, with one event in 2019 where he was located in his underwear, incapacitated, in a neighbor's yard.

Medical professionals from a prison hospital said that Jeffries was fit after assessing him over four months in custody.

They contend his cognitive abilities did not align with Alzheimer's disease, which the court heard could not be absolutely determined until an examination could be performed.

"Even given the declines that Mr Jeffries has experienced... he still is sharper and more capable cognitively than probably 95% of the individuals that we assess for fitness," testified one doctor.

Jeffries, dressed in a suit and tie in the courtroom, was reported to be lighthearted and quite charismatic during interactions in the facility, and was intentionally testing the limits, sometimes using disrespectful address.

They found Jeffries with slight deficits and indicated his results may have improved since 2023 from borderline or deficient to average because of abstinence from alcohol and improved medication management during his confinement.

109 Prison Calls Raise Concerns

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